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People v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1999
260 A.D.2d 582 (N.Y. App. Div. 1999)

Opinion

April 19, 1999

Appeal from the County Court, Rockland County (Kelly, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his status as a passenger. in his codefendant's car did not give him standing to challenge the stop or search of the car or contest the seizure of property found therein ( see, People v. Tejada, 81 N.Y.2d 861; People v. Ponder, 54 N.Y.2d 160; People v. Andrews, 216 A.D.2d 571; People v. Finley, 145 A.D.2d 434). The statements of his codefendant implicating him in the theft of the property found in the car gave the police probable cause to arrest him ( see, People v. Catanzaro, 236 A.D.2d 418). The search of the defendant's person thereafter was incident to a lawful arrest.

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review, without merit, or relate to claims which constitute harmless error.

Ritter, J. P., Altman, Goldstein and McGinity, JJ., concur.


Summaries of

People v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1999
260 A.D.2d 582 (N.Y. App. Div. 1999)
Case details for

People v. Phillips

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PHILLIPS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1999

Citations

260 A.D.2d 582 (N.Y. App. Div. 1999)
688 N.Y.S.2d 606

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