Opinion
October 27, 1997
Appeal from Supreme Court, Kings County (McKay, J.)
Ordered that the judgment is affirmed.
We disagree with the defendant that the hearing court's determination to deny suppression was erroneous. It is well settled that credibility is a matter to be determined by the trier of the facts ( People v. Malizia, 62 N.Y.2d 765, 757; People v. Garafolo, 44 A.D.2d 86, 88). The court's determination ultimately turned on the credibility of the observing officer and the reasonableness of his testimony. We find no basis to disturb the hearing court's rulings ( People v. Prochilo, 41 N.Y.2d 769; People v. Murreld, 185 A.D.2d 826).
Ritter, J.P., Friedmann, Krausman and McGinity, JJ., concur.