Opinion
June 4, 1992
Appeal from the Supreme Court, New York County (Patricia Anne Williams, J.).
The suppression court fully credited the testimony of the officer called by the People that he and his partner merely observed from their unmarked patrol car the actions of defendant and his jewelry-laden companion. Indeed, the officers took absolutely no action until the non-driving officer observed defendant remove a handgun from his waistband, providing probable cause for his arrest and justifying active police pursuit and apprehension (see, People v. Howard, 50 N.Y.2d 583, 592, cert denied 449 U.S. 1023).
The hearing court's determination of the credibility of the People's witness and findings of fact in accordance with that testimony are fully supported by the record, including the testimony of the officer's partner called by the defense, and will not be disturbed by this Court (see, People v. Rivera, 121 A.D.2d 166, affd 68 N.Y.2d 786).
Concur — Murphy, P.J., Carro, Milonas, Wallach and Smith, JJ.