Opinion
Argued April 24, 2001.
May 14, 2001.
Appeal by the People from an order of the County Court, Suffolk County (Weber, J.), dated May 28, 1999, which, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence obtained from his vehicle.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Mark D. Cohen and Michael A. Gajdos of counsel; Victor G. Vogel on the brief), for appellant.
Weber Weber, New York, N.Y. (William E. Weber of counsel), for respondent.
Before: RITTER, J.P., KRAUSMAN, H. MILLER and SMITH, JJ.
ORDERED that the order is affirmed.
Contrary to the defendant's contention, the People's notice of appeal was timely because there was no evidence as to the date on which the defendant, who was the prevailing party, served the order (see, CPL 460.10[a]; People v. Washington, 86 N.Y.2d 853).
The determination of the County Court, which had the advantage of seeing and hearing the witnesses, must be accorded great weight on appeal and will not be disturbed if it is supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761). Here, the People failed to prove that the defendant voluntarily consented to the search of his truck (see, People v. Gonzalez, 39 N.Y.2d 122).