Ordered that the judgment is affirmed.
The hearing court properly denied the defendant's motion to suppress evidence found in the trunk of the vehicle in which he was a passenger. The evidence adduced at the suppression hearing established that the State Trooper's decision to pull over the vehicle was premised upon his observation that the driver, in violation of Vehicle and Traffic Law § 1229-c, was not wearing a safety belt. The Trooper's testimony was neither incredible as a matter of law nor supportive of the defendant's contention that the Trooper utilized the traffic violation as a pretext to investigate unrelated criminal activity (see, People v. Torres, 175 A.D.2d 191; cf., People v. Mezon, 140 A.D.2d 634; People v. Llopis, 125 A.D.2d 416; People v. Flanagan, 56 A.D.2d 658).
Moreover, the record supports the hearing court's determination that the driver voluntarily consented to the search of the vehicle (see, People v. Gonzalez, 39 N.Y.2d 122). The fact that the Trooper did not advise the driver of his right to refuse consent is not sufficient, by itself, to negate his consent, which was otherwise freely and voluntarily given (see, People v Gonzalez, supra, at 130; People v. Buggs, 140 A.D.2d 617).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.