Opinion
Argued June 8, 2001.
July 30, 2001.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered February 3, 1998, convicting him of assault in the second degree, criminal possession of a weapon in the second degree (three counts), and criminal possession of a weapon in the third degree (three counts), upon a jury verdict, and imposing sentence.
Barry Turner, New York, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The defendant contends that the search of the vehicle in which he was a passenger was illegal as it was not conducted pursuant to a search warrant and was not a proper inventory search. However, since he was a mere passenger in the vehicle, he lacks standing to challenge the seizure of the receipt from that vehicle (see, People v. Ponder, 54 N.Y.2d 160, 165; People v. White, 232 A.D.2d 437, 438).
Contrary to the defendants' contention, the trial court properly admitted testimony of an uncharged crime as it was inextricably interwoven with the crime charged, and its probative value outweighed any possible prejudice (see, People v. Alvino, 71 N.Y.2d 233, 241-242; People v. Vails, 43 N.Y.2d 364, 368-369; People v. Zarvela, 211 A.D.2d 690; People v. Tabora, 139 A.D.2d 540).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., S. MILLER, SCHMIDT and ADAMS, JJ., concur.