People v. Garcia

—Judgment, Supreme Court, New York County (Clifford Scott, J., at Mapp hearing; Budd Goodman, J., at trial and sentence), rendered April 8, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender to a term of 71h to 15 years, unanimously reversed, on the law, and the matter is remitted to the trial court for the purpose of conducting an independent source hearing prior to a new trial.

Defendant lacked standing to contest the seizure of the Kool cigarette box that he had deposited on the…