Opinion
January 27, 1998
Appeal from the Supreme Court, New York County (Micki Scherer, J.).
According due deference to the hearing court's findings of fact and credibility, there is no basis for disturbing the court's determination that the stop in this case was pretextual ( see, People v. Prochilo, 41 N.Y.2d 759, 761-762). The court's application of a subjective test for determination of the legality of the stop is in accordance with previous decisions of this Court ( see, e.g., People v. Rijo, 220 A.D.2d 217, lv denied 88 N.Y.2d 852; People v. Laws, 213 A.D.2d 226, lv denied 85 N.Y.2d 975). The holding of the United States Supreme Court in Whren v. United States ( 517 U.S. 806) does not compel a contrary result ( see, People v. Scott, 79 N.Y.2d 474, 496-497).
Concur — Milonas, J.P., Ellerin, Wallach and Rubin, JJ.