People v. Forte

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a *892judgment convicting him after a jury trial of criminal possession of marihuana in the third degree. He contends that County Court erred in refusing to suppress physical evidence seized during the search of a vehicle in which he was a passenger. Defendant contends that the police lacked justification to search the vehicle; that the driver’s consent to that search did not extend to unlocked containers within the vehicle; and that, because the driver did not have shared control of and access to the duffel bag on the back seat…