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.