Opinion
December 23, 1991
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the police possessed probable cause to place him under arrest, inasmuch as an identified civilian witness, who observed the defendant strike the victim with a blunt object, informed the police at the scene that the defendant was the perpetrator of the crime (see, People v Davis, 166 A.D.2d 604, 605; People v Ward, 95 A.D.2d 233; see also, People v Petralia, 62 N.Y.2d 47, 52, cert denied 469 U.S. 852). Moreover, although the defendant now takes issue with the court's decision to credit the testimony of the People's witnesses, it is well settled that the hearing court's determination with respect to issues of credibility is entitled to great weight and will be upheld unless clearly erroneous (see, e.g., People v Prochilo, 41 N.Y.2d 759; People v Davis, supra, at 605; People v Africk, 107 A.D.2d 700, 701-702). Here, the hearing court's determination is fully supported by the record and will not be disturbed.
Additionally, the hearing court properly concluded that the defendant's statements to the police were voluntarily obtained and thus properly admissible at trial. The record reveals that certain of the statements in issue were spontaneously uttered before the defendant was taken into custody, while the remaining statements were made subsequent to the defendant's arrest but after the defendant's Miranda rights had been properly administered and waived.
Viewing the evidence in a light most favorable to the People (People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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).
The defendant's remaining contentions are either unpreserved for appellate review (CPL 470.05) or lacking in merit. Thompson, J.P., Bracken, Harwood and Miller, JJ., concur.