From Casetext: Smarter Legal Research

People v. Victor

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1989
149 A.D.2d 363 (N.Y. App. Div. 1989)

Opinion

April 18, 1989

Appeal from the Supreme Court, New York County, Stanley L. Sklar, J., Harold J. Rothwax, J.


Defendant's motion to suppress two guns and a narcotic substance seized from a taxicab in which defendant was a passenger was denied, without a hearing, on the ground that defendant lacked standing.

We have previously reviewed the factual situation presented in this case, in connection with a codefendant's appeal. (People v Giles, 137 A.D.2d 1, lv granted 72 N.Y.2d 1045.) In our prior determination, we held that it was error to deny the motion to suppress without a hearing, and that the trial evidence showed that the motion should have been granted, since the police lacked probable cause to stop the vehicle. Defendant was a passenger in that same vehicle, and because there are no distinguishing factors presented on this appeal, we make the same factual determinations, and reach the same result.

Concur — Carro, Rosenberger, Ellerin and Rubin, JJ.

Kupferman, J.P., concurs on constraint of People v. Giles ( 137 A.D.2d 1).


Summaries of

People v. Victor

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1989
149 A.D.2d 363 (N.Y. App. Div. 1989)
Case details for

People v. Victor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMONT VICTOR, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 18, 1989

Citations

149 A.D.2d 363 (N.Y. App. Div. 1989)

Citing Cases

Townes v. City of New York

More than two years later, the Appellate Division reversed the conviction on the ground that the police…