What is the effect of the finding of no probable cause by the hearing court at the intermediate appellate court?

In sum it thus appears that the finding of no probable cause by the hearing court was in effect affirmed at the intermediate appellate level. As we wrote recently in People v. Oden, 36 N.Y.2d 382, 385, 368 N.Y.S.2d 508, 512, 329 N.E.2d 188, 191 'the reviewing court will pay substantial deference to judicial determinations of probable cause * * * and * * * the mere passing of a glassine envelope in a neighborhood in which narcotics were known to have been present, unsupplemented by any additional relevant behavior or circumstances found to exist, was insufficient to raise the level of inference from suspicion to probable cause'. A conclusion of probable cause is a mixed question of fact and law which an appellate court will be reluctant to overturn, especially where, as here, the intermediate appellate court has not seen fit to differ with the finding of the hearing court. In substance here the arresting officer saw only containers appropria to hold narcotics--of two types, glassine envelopes seen to be empty, and a folded bill not seen to contain anything. We find no sufficient warrant to disturb the findings

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