Opinion
May 31, 1994
Appeal from the County Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the police had reasonable cause to stop the car in which he was a passenger, after witnessing several violations of the Vehicle and Traffic Law (see, People v. Erwin, 42 N.Y.2d 1064; cf., People v. Ingle, 36 N.Y.2d 413). There is nothing in the record to indicate that the officers' motivation for stopping the car was anything other than the observed traffic infractions (cf., People v. Mezon, 140 A.D.2d 634; People v. Llopis, 125 A.D.2d 416; People v. Sobotker, 43 N.Y.2d 559).
Furthermore, the hearing court properly denied suppression of the gun, located in plain view in the car. At the hearing, Police Officer Gally asserted that he did not lean into the car and that he saw the gun in plain view from his vantage point outside the car. The hearing court's finding that this testimony was credible should not be disturbed (see, People v. Prochilo, 41 N.Y.2d 759). It is well settled that 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 trier-of-fact jury 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). Upon the exercise of our factual review power, we are satisfied that the hearing court's findings were not against the weight of the evidence (CPL 470.15).
The defendant's remaining contention is without merit (see, People v. Hester, 161 A.D.2d 665; People v. Smith, 151 A.D.2d 792; People v. Hylton, 198 A.D.2d 301). Balletta, J.P., Copertino, Friedmann and Goldstein, JJ., concur.