Opinion
April 25, 1996
Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, J.).
Inasmuch as the People did not raise the issue of defendant's standing to challenge the search of the car either in their papers opposing suppression or at the hearing itself, the issue is unpreserved for appellate review as a matter of law ( People v Graham, 211 A.D.2d 55, 57-58, lv denied 86 N.Y.2d 795). On the merits, the search of the car, after defendant had been removed from it and frisked without incident, was not reasonably related to the need to protect the officers' safety ( People v. Torres, 74 N.Y.2d 224; People v. Stewart, 199 A.D.2d 1043, lv denied 83 N.Y.2d 810).
Concur — Sullivan, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.