People v. Lewis

Eiber, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum, in which Sullivan, J. P., concurs. It is well settled that issues of credibility are primarily for the hearing court, and on appeal its factual findings should be accorded great weight and not be disturbed lightly (see, People v Prochilo, 41 NY2d 759; People v Gonzalez, 184 AD2d 525, 526; People v Foster, 173 AD2d 841). In the case before us, the hearing court, which had the advantage of seeing and hearing the witnesses, fully credited the arresting *525officer’s testimony that he stopped the…