Opinion
March 27, 1995
Appeal from the County Court, Dutchess County (Berry, J.).
Ordered that the order is affirmed.
The County Court has found that the police witnesses' testimony was not credible insofar as the officers could not have made the plain view observations of the drugs and paraphernalia they claimed to have made from the public hallway. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the hearing court, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88). In this case, the hearing court's credibility determination is clearly supported by the record and thus should not be overturned. Miller, J.P., O'Brien, Ritter and Krausman, JJ., concur.