Opinion
May 8, 1989
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgment is affirmed.
The questions of whether the police officers were justified in stopping the livery cab in which the defendant was a passenger and whether they were justified in searching the defendant hinged upon the credibility of the witnesses. As such, we perceive no reason to overturn the determination of the hearing court. "Issues of credibility are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous" (People v Armstead, 98 A.D.2d 726; see also, People v Garafolo, 44 A.D.2d 86).
Under the circumstances of this case, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Mollen, P.J., Kunzeman, Spatt and Rosenblatt, JJ., concur.