People v. Castrechino

Case held, decision reserved and matter remitted to Monroe County Court for a suppression hearing. Memorandum: Defendant was charged with two counts of criminal possession of a weapon in the third degree when the automobile in which he was a passenger was stopped and searched by police who found a loaded .38 caliber handgun in the trunk. His pretrial motion to suppress was denied by the suppression court, without a hearing, on the ground that he lacked standing. After a jury trial, defendant was convicted as charged. Although the “automatic standing” rule has been abrogated (United States v…