PEOPLE v. CASTRO


125 Misc.2d 15 (1984)

The People of the State of New York, Plaintiff, v. Miguel Castro and Jose Perez, Defendants.

Supreme Court, Criminal Term, New York County.

July 18, 1984


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (David Brownstein of counsel), for plaintiff. Helen Coady for Miguel Castro, defendant. Victor Hervey for Jose Perez, defendant.


KRISTIN BOOTH GLEN, J.

This case presents the important but unresolved issue of the right of passengers in a cab or livery to challenge, on Fourth Amendment grounds, both a police stop of the vehicle and the subsequent search of the back seat where they were sitting. For the reasons discussed below I hold that passengers who have hired a vehicle have standing to raise the reasonableness of police action in stopping the vehicle and that they have a reasonable...

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