PEOPLE v. RAYNER

Ordered that the judgment is affirmed.

The hearing court credited the testimony of the arresting officer. This testimony was not so inherently incredible or improbable as to lead this court to substitute its judgment for that of the hearing court (see, e.g., People v Owens, 111 A.D.2d 273 ; People v Africk, 107 A.D.2d 700; People v Wright, 71 A.D.2d 585). Nor do we find that a reduction in sentence is warranted. The sentence imposed was part of a negotiated plea and is within the legally permissible range for a second felony offender convicted of a class E felony offense (see, People v Kazepis, 101 A.D.2d 816; see also, Penal Law § 70.06 [e]; [4] [b]). Thompson, J.P., Bracken, Eiber and Spatt, JJ., concur.