Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Patrick D. Monserrate, J. Gerald F. Mollen, District Attorney (Carol A. Cocchiola of counsel), for appellant.
Robert M. O'Leary, Public Defender (Kenneth S. Kagan and Charlene A. Russell of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed. Defendant's conviction for assault in the second degree was properly reversed. In light of the fact that there is support in the record for the lower courts' determination that the police lacked probable cause to believe that defendant's vehicle contained a weapon or evidence of a crime, they had no basis for subjecting it to a search (see, People v Torres, 74 N.Y.2d 224; cf., People v Coutin, 78 N.Y.2d 930).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA.