People v. Hwi Jin An

Judgment, Supreme Court, New York County (Bruce Allen, JJ, rendered November 10, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a prison term of 1 year, affirmed.

The statutory automobile presumption (Penal Law § 265.15 *658[3]) having been submitted to the Grand Jury, defendant was entitled to assume automatic standing to challenge the seizure and search of the shopping bag on the floor of the taxicab in which he was a rear-seat passenger (People v Millan, 69 NY2d 514). Despite defendant’s standing, however, we…