Because the pen register at issue had the capacity to be modified to overhear conversations, and was installed without prior authorization by warrant, all evidence obtained from it should have been suppressed ( People v. Bialostok, 80 N.Y.2d 738). However, the evidence was sufficient to support the trial court's finding that any error caused by warrantless installation of a pen register which was capable of being modified, but had not been modified, was harmless. Although there may have been conflicting inferences to be drawn from the record, the weighing of the evidence is primarily for the trier of facts, and its conclusion should be honored unless unsupportable as a matter of law ( see, People v. Smith, 104 A.D.2d 682, 684). We decline to set this determination aside as against the weight of the evidence.
We have considered and rejected the defendant's additional claims.
Concur — Murphy, P.J., Rosenberger, Nardelli and Williams, JJ.