PEOPLE v. HWI JIN AN


253 A.D.2d 657 (1998)

679 N.Y.S.2d 94

The People of the State of New York, Respondent, v. Hwi Jin an, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 17, 1998


The statutory automobile presumption (Penal Law § 265.15 [3]) having been submitted to the Grand Jury, defendant was entitled to assume automatic standing to challenge the seizure and search of the shopping bag on the floor of the taxicab in which he was a rear-seat passenger (People v Millan, 69 N.Y.2d 514). Despite defendant's standing, however, we conclude that the hearing court...

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