The arresting officer testified that he observed defendant from a distance of 30 to 40 feet deliver to the codefendant, in plain view in a public concourse, a clear plastic bag containing white powder. This testimony was not so "`inherently incredible or improbable'" as to warrant disturbing the suppression court's determination of credibility (People v. Benitez, 162 A.D.2d 100, 101; see also, People v. Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734), and, as a matter of law, sufficed to establish probable cause (People v. McRay, 51 N.Y.2d 594).
We have considered defendant's argument that the sentence is unduly harsh, including the fact that he had no prior criminal history of any kind, and find no abuse of sentencing discretion.
Concur — Sullivan, J.P., Carro, Wallach, Kassal and Rubin, JJ.