Opinion
April 20, 1993
Appeal from the Supreme Court, Bronx County (William H. Wallace, III, J.).
Although as a passenger in a stolen vehicle, defendant has standing to challenge the stop of the vehicle and the subsequent search of his person (People v May, 81 N.Y.2d 725), he waived his right to appellate review of the legality of the stop by not raising the issue at the Wade hearing even though the hearing court had decided that such was an appropriate forum to do so, or thereafter before pleading guilty (see, People v Fernandez, 67 N.Y.2d 686, 688).
Concur — Sullivan, J.P., Rosenberger, Wallach and Kupferman, JJ.