PEOPLE v. HENRIQUEZ

In People v Madera ( 125 A.D.2d 238), we held that the codefendant passenger in the vehicle driven by appellant had standing to contest its stop, and that codefendant's motion papers raised sufficient factual allegations to warrant a hearing pursuant to CPL 710.60(4). Inasmuch as appellant relied upon codefendant's motion papers to assert his own challenge to the stop, the People concede, and we agree, that a hearing is likewise required in this matter.

Concur — Murphy, P.J., Ross, Kassal, Ellerin and Rubin, JJ.