PEOPLE v. VICTOR

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).