Opinion
February 24, 1992
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
On the evening of June 14, 1989, a plainclothes police officer observed the defendant pointing a gun at an occupant of a civilian vehicle parked on a Brooklyn street. After the officer and his partner identified themselves, the defendant immediately fled from the scene. During the ensuing pursuit, the officer saw the defendant throw his gun under a car. The officer recovered the gun after he had apprehended the defendant. Before being transported to the precinct, the defendant made an inculpatory statement to the officer.
On appeal, the defendant claims that the court erred in denying suppression of the gun and the incriminating statement, on the basis of the allegedly inconsistent and contradictory testimony presented by the two officers at the hearing.
Resolution of issues of credibility is primarily for the hearing court, and its determination should not be disturbed unless clearly unsupported by the record (see, People v Prochilo, 41 N.Y.2d 759; People v. Almodovar, 168 A.D.2d 454, 455). That is so even where, as here, there are inconsistencies in witnesses' testimony (see, People v. Barrios, 163 A.D.2d 579; People v. Rodriguez, 167 A.D.2d 564). From our review of the record, we are convinced that the court properly denied suppression.
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., O'Brien, Ritter and Copertino, JJ., concur.