New York Court of Appeals
The People of the State of New York v. Hector Millan
May 7, 198769 N.Y.2d 514
Summary
The Court held that a passenger in a taxicab who is charged with possession of a weapon solely on the statutory presumption of constructive possession has standing to challenge both the legality of the police stop and the search of the passenger compartment, and therefore must be afforded a suppression hearing; the order of the Appellate Division was affirmed in modified form and the case remanded for such a hearing.