Opinion
January 31, 1994
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's assertion on appeal, the hearing record demonstrates that the police entered his apartment and arrested him only after obtaining the permission of his mother, an individual who clearly possessed the authority to consent to their entry (see, People v. Adams, 53 N.Y.2d 1, cert denied 454 U.S. 854; People v. Venable, 192 A.D.2d 565). The defendant contends that the hearing testimony of his mother, whom he called as his witness, denying that she gave the police permission to enter the apartment is more credible than that of the People's witnesses on the issue of consent. However, the determination of the hearing court which had the advantage of seeing and hearing the witnesses should not be set aside unless clearly unsupported by the record (see, People v. London, 160 A.D.2d 734). We find that the record supports the hearing court's resolution of the credibility issues in favor of the People. Bracken, J.P., Balletta, Copertino and Santucci, JJ., concur.