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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABRAHAM BAPTISTE, Appellant.

Ordered that the judgments and the amended judgment are affirmed.

We find unpersuasive the defendant's claim that the hearing testimony of the police officer to the effect that the butt of a handgun and "Stacks of money wrapped in [a] rubberband" were observed in plain view inside the defendant's car was incredible as a matter of law. Questions of credibility are primarily for the hearing court, and its determination is entitled to great deference on appeal unless it is clearly erroneous. We discern no basis in the instant record for disturbing the hearing court's determination (see, People v Prochilo, 41 N.Y.2d 759; People v Sprow, 173 A.D.2d 509; People v Lassiter, 161 A.D.2d 605; People v Burke, 146 A.D.2d 706).

In light of our determination, there is no basis for vacatur of the pleas under Indictment Nos. 4884/88 and 10725/87 (cf., People v Clark, 45 N.Y.2d 432). Bracken, J.P., Miller, O'Brien and Pizzuto, JJ., concur.

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PEOPLE v. BAPTISTE
(Apr 26, 1993)