Opinion
October 30, 1989
Appeal from the Supreme Court, Kings County (Finnegan, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision that the terms of imprisonment are to run consecutively and substituting therefor a provision that the terms of imprisonment shall run concurrently to each other; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the vehicle in which he was a passenger was lawfully stopped for having a broken headlight, a violation of Vehicle and Traffic Law § 375 (2) (a) (1) (see, People v Ingle, 36 N.Y.2d 413; People v Barnes, 144 A.D.2d 371; People v Meyers, 139 A.D.2d 601). Thus, the weapon and bag of cocaine thereafter found in plain view on the floor of the vehicle were properly ruled admissible at trial. We find nothing in the record to warrant disturbing the hearing court's finding that the arresting police officer was a credible witness (see, People v Prochilo, 41 N.Y.2d 759; People v Africk, 107 A.D.2d 700).
We find that the sentence was excessive to the extent indicated. The defendant's remaining contentions, including those raised in his pro se supplemental brief, are without merit. Bracken, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.