Opinion
June 22, 1992
Appeal from the County Court, Dutchess County (Hillery, J.).
Ordered that the order is affirmed.
The People contend that the County Court erred in suppressing the narcotics seized from the defendants' vehicle during a traffic stop. We disagree. It is well settled that a determination by a hearing court, which had the advantage of seeing and hearing the witnesses, should be accorded great weight on appeal, and should not be set aside unless clearly unsupported by the record (see, People v. Prochilo, 41 N.Y.2d 759; People v Bueno, 177 A.D.2d 586; People v. Ellis, 161 A.D.2d 726). We perceive no basis for disturbing the hearing court's determination that the search of the vehicle in which the defendants were riding was constitutionally infirm (see, People v. Torres, 74 N.Y.2d 224; see also, People v. Whitehurst, 25 N.Y.2d 389; People v. Gonzalez, 115 A.D.2d 73, affd 68 N.Y.2d 950; People v. Bell, 170 A.D.2d 515; People v. Guzman, 153 A.D.2d 320). Lawrence, J.P., Eiber, O'Brien and Copertino, JJ., concur.