PEOPLE v. HENRIQUEZ

Judgment affirmed.

We have reviewed the record and do not find that the arresting officer's testimony was either incredible as a matter of law or patently tailored to avoid constitutional objections (see, People v Berrios, 28 N.Y.2d 361; People v Brown, 107 A.D.2d 754; People v Garafolo, 44 A.D.2d 86). Accordingly, the People have sustained their burden of going forward in the first instance and showing the legality of the police conduct. Gibbons, J.P., Thompson, Brown and Eiber, JJ., concur.