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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN MATIAS, Appellant.

Ordered that the judgment is affirmed.

The question of whether the controlled substance found in the defendant's car was in plain view of the arresting officer is a question hinging upon the credibility of the witnesses. As such, we perceive no reason to overturn the determination of the hearing court. "Issues of credibility are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous" (People v Armstead, 98 A.D.2d 726; see also, People v Duncan, 75 A.D.2d 823).

We have considered the defendant's other contentions and find them to be without merit. Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.

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PEOPLE v. MATIAS
(Feb 8, 1988)