People v. Smith

—Appeal by defendant from a judgment of the County Court, Suffolk County (Kitson, J.), rendered September 8, 1982, convicting him of two counts of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

We affirm the defendant’s conviction for the reasons stated in People v Evans (106 AD2d 527). However, we note that the County Court improperly concluded that the defendant herein, a passenger in the vehicle in which the loaded firearms were discovered, did not have standing to seek suppression of that physical evidence. In Rakas v…