People v. Sanchez

• Court: New York Supreme Court Appellate Division
• Citation: 641 N.Y.S.2d 541,226 A.D.2d 284
• Parties: The PEOPLE of the State of New York, Appellant, v. Edgar SANCHEZ, Defendant-Respondent.
• Decision Date: 25 April 1996

Page 541

641 N.Y.S.2d 541 226 A.D.2d 284 The PEOPLE of the State of New York, Appellant,
v.
Edgar SANCHEZ, Defendant-Respondent. Supreme Court of New York, Appellate Division,
First Department. April 25, 1996.

Carolyn Pokorny, for appellant.

Kenneth M. Tuccillo, for defendant-respondent.

Order, Supreme Court, Bronx County (Lawrence Bernstein, J.), entered on or about July 13, 1994, which granted defendant's motion to suppress physical evidence, unanimously affirmed.

Inasmuch as the People did not raise the issue of defendant's standing to challenge the search of the car either in their papers opposing suppression or at the hearing itself, the issue is unpreserved for appellate review as a matter of law (People v. Graham, 211 A.D.2d 55, 57-58, 626 N.Y.S.2d 95, lv denied 86 N.Y.2d 795, 632 N.Y.S.2d 508, 656 N.E.2d 607). On the merits, the search of the car, after defendant had been removed from it and frisked without incident, was not reasonably related to the need to protect the officers' safety (People v. Torres, 74 N.Y.2d 224, 544 N.Y.S.2d 796, 543 N.E.2d 61; People v. Stewart, 199 A.D.2d 1043, 606 N.Y.S.2d 484, lv denied 83 N.Y.2d 810, 611 N.Y.S.2d 146, 633 N.E.2d 501).

SULLIVAN, J.P., and ELLERIN, WALLACH, WILLIAMS and MAZZARELLI, JJ., concur.