Opinion
May 4, 1987
Appeal from the Supreme Court, Queens County (DiTucci, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's argument on appeal, the record indicates that there was sufficient evidence to sustain the guilty verdict rendered by the jury. The credibility of the complaining witness was an issue primarily for the jury to determine, and we will not substitute our judgment for that of the jurors, who had the advantage of seeing and hearing the witness testify (see, People v. Gebert, 118 A.D.2d 799, lv denied 67 N.Y.2d 943; People v. Bauer, 113 A.D.2d 543, lv denied 67 N.Y.2d 648, 67 N.Y.2d 880; People v. Rosenfeld, 93 A.D.2d 872). Moreover, upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quality and quantity to establish the defendant's guilt beyond a reasonable doubt (CPL 470.15).
Additionally, the hearing court properly found that the police officers possessed probable cause to arrest the defendant. The police officers, acting on a radio report giving a specific description provided by a citizen complainant of the two suspects, one of whom was armed, and the van in which they were riding, were entitled to credit the information and were justified in the initial stop and frisk which ultimately led to the defendant's arrest (see, People v. Brnja, 50 N.Y.2d 366; People v. Tidwell, 122 A.D.2d 289).
Lastly, the defendant's contention that the sentence imposed was excessive is without merit. Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.