Appeal by defendant from a judgment of the Justice Court, Town of Cortlandt, [*2]Westchester County (D. McCarthy, J.), rendered July 26, 2002, convicting him of driving while not wearing a seatbelt (Vehicle and Traffic Law § 1229-c [3-a]), and imposing sentence.

Judgment of conviction unanimously affirmed.

The crux of the case at bar concerns the credibility of the witnesses, which is primarily a question of fact to be determined by the trier of fact that saw and heard the witnesses (see People v Gaimari, 176 NY 84, 94). The trooper testified that he stopped defendant's vehicle due to a traffic infraction and, as he approached the vehicle, he observed that defendant was not wearing a seatbelt. Defendant testified that he was wearing a seatbelt. Inasmuch as the trial court was in the best position to determine the credibility of the witnesses, its determination should not be disturbed on appeal (see e.g. People v Moreno, 70 NY2d 403, 407; Gaimari, 176 NY at 94; People v Concepcion, 266 AD2d 227). Defendant's remaining contentions are either unpreserved for appellate review, have no merit, or are dehors the record (see CPL 460.10 [3] [a]; People v Turner, 266 AD2d 245; People v Bartlett, 215 AD2d 489). Accordingly, the judgment of conviction is affirmed.
Decision Date: September 25, 2003