People v. Stevenson

Defendant’s motion to suppress was properly denied upon the ground that the police had probable cause to arrest him once defendant fired a gun at them. With deference to the hearing court’s role in resolving issues of credibility (see, People v Prochilo, 41 NY2d 759, 761), we find that the officer’s testimony that defendant had fired a gun was not incredible (see, People v Garafolo, 44 AD2d 86, 88). Concur — Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.