People v. Howard

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is affirmed.

After a nonjury trial, defendant was convicted of attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [1]). At the commencement of the trial, defendant moved to suppress the weapon, an unloaded but operable .32 caliber revolver, which had been recovered from an automobile wherein defendant was a passenger. The Criminal Court denied the motion, without a hearing, on the ground that, upon the facts alleged, defendant lacked standing to challenge the search. The trial proof…