Opinion
January 12, 1998
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant contends that his statements to the police should have been suppressed because the People failed to establish probable cause for his arrest. The hearing court, however, credited the testimony of police witnesses that the defendant voluntarily accompanied them to the station house and that he was not placed under arrest until after he made oral and written statements implicating himself in the crime. Issues of credibility are primarily for the hearing court, and its findings should be upheld unless they are clearly erroneous ( see, People v. Munnerlyn, 189 A.D.2d 827; see also, People v. Prochilo, 41 N.Y.2d 759). We find no basis to overturn the hearing court's determination.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
O'Brien, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.