Opinion
February 14, 1989
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgment is affirmed.
Two police officers, the only witnesses at the Mapp hearing, testified that in response to a radio run, they met an identified civilian who informed them that a man in a nearby community center had just menaced him with a gun. The civilian accompanied the police to the community center and pointed out the defendant, stating, "That's him." The defendant then attempted to pass the jacket he was holding to another person. One of the officers grabbed the jacket, patted it down, felt a gun and then removed a fully loaded .22 caliber handgun from a pocket.
We find that the hearing court properly declined to suppress the gun. Probable cause to arrest a suspect may be based upon information provided to the police by an identified informant that the suspect has committed a crime (see, People v Petralia, 62 N.Y.2d 47, 51-52; People v Moore, 32 N.Y.2d 67, 71; People v Titus, 125 A.D.2d 428, 429; People v Sanders, 79 A.D.2d 688, 689-690).
Similarly unavailing is the defendant's claim that the prosecution's witnesses should not be believed because of minor inconsistencies in their testimony and because their testimony was contradicted by the trial testimony of the civilian informant exculpating the defendant. 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 jury, which saw and heard the witnesses (see, People v Rivera, 68 N.Y.2d 786, 787-788; People v Kennedy, 47 N.Y.2d 196; People v Concepcion, 38 N.Y.2d 211, 213). The jury's determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Bigelow, 106 A.D.2d 448; People v Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). Thompson, J.P., Rubin, Spatt and Balletta, JJ., concur.