Ordered that the judgment is affirmed.
In general, the legality of a search or seizure is to be measured by the objective circumstances, and not by the subjective motivation of the officer ( see, Whren v. United States, 517 U.S. 806; People v. Sira, 254 A.D.2d 311; People v. Alcide, 252 A.D.2d 591; People v. Dougherty, 251 A.D.2d 344; People v. Gelley, 242 A.D.2d 277; People v. Reynolds, 240 A.D.2d 517;. People v. McCoy, 239 A.D.2d 437). Here, the stop of the defendant's vehicle was objectively valid based on the officer's personal observation of a traffic violation, namely, that the vehicle did not have its headlights on at 11:40 P.M., and "is no less valid merely because the officer might also have been entertaining more serious suspicions" ( People v. Dougherty, supra, at 345; see, Whren v. United States, supra; People v. Blasich, 73 N.Y.2d 673; People, v. Adams, 53 N.Y.2d 1, 10-11, cert denied 454 U.S. 854; People v. McCoy, supra, at 439). Under the circumstances, there is no merit to the defendant's suggestion that the stop of the vehicle was racially motivated and therefore constituted an equal protection violation.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), 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 of guilt was not against the weight of the evidence ( see, CPL 470.15 Crim. Proc. [5]). Resolution. of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier; of fact, who saw and heard the witness ( see, People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not, be disturbed unless clearly unsupported by the record ( see, People v. Garafolo, 44 A.D.2d 86, 88). On this record, there is no basis to disturb the trial court's determination.
Bracken, J. P., O'Brien, Thompson and Friedmann, JJ., concur.