Opinion
April 4, 1988
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that the hearing court erred in denying that branch of his motion which sought suppression of the two weapons which the defendant was charged with possessing. The hearing court credited the testimony of the arresting officers that they observed the defendant reach into his front waistband and toss a .357 caliber Magnum revolver into a jeep parked next to where he was standing, and that a second weapon, a .45 caliber automatic handgun, was subsequently recovered from the defendant's rear waistband. Contrary to the defendant's assertion, this testimony was not inherently improbable or incredible as a matter of law so as to lead this court to substitute its judgment for that of the hearing court (see, People v. Thompson, 126 A.D.2d 684, lv denied 69 N.Y.2d 887; People v. Miller, 124 A.D.2d 599, lv denied 69 N.Y.2d 714; People v. Africk, 107 A.D.2d 700). Consequently, we find that the hearing court properly denied the motion to suppress the weapons. Kunzeman, J.P., Eiber, Spatt and Sullivan, JJ., concur.