Opinion
November 16, 1993
Appeal from the Supreme Court, New York County, Ira Gammerman, J., Richard Failla, J.
The testimony of the arresting officer, credited by the hearing court, that he saw defendant holding his open hand out and offering a small envelope containing vials of crack cocaine to a woman on the street, in the vicinity of the Port Authority, is not "`manifestly untrue, physically impossible, contrary to experience, or self-contradictory'" (People v Garafolo, 44 A.D.2d 86, 88), particularly in view of the evidence that the officer approached defendant from behind and that defendant concededly was selling crack cocaine on the night in question. The questions of credibility raised by defendant's motion to suppress are best left to the hearing court (see, People v Rosa, 179 A.D.2d 538, lv denied 79 N.Y.2d 952).
Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.