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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON CRISTOBAL, Appellant.

Ordered that the judgment is affirmed.

The hearing court found that the defendant consented to the police entry into his apartment. In so finding, the court credited the witnesses for the People and specifically rejected the testimony of the defendant as unworthy of belief. It is settled that issues of credibility are primarily for the hearing court, whose determination will be upheld unless clearly erroneous (see, People v Armstead, 98 A.D.2d 726; People v Vail, 90 A.D.2d 917, 918). Notwithstanding the minor inconsistencies in the testimony of some of the People's witnesses, the record fully supports the hearing court's determination, which should not be disturbed.

We have considered the defendant's other contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Lawrence, J.P., Eiber, Kooper and Spatt, JJ., concur.

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PEOPLE v. CRISTOBAL
(Jan 11, 1988)