People v. Carter

In People v. Carter (199 A.D.2d 817 aff'd 86 N.Y.2d 721, rearg denied 86 N.Y.2d 839), the Third Department, citing Tejada, held that "automatic standing to challenge a search and seizure on constitutional grounds exists only where the criminal possessory charge attributing possession to a defendant is rooted solely upon the statutory presumption" (id., at 819). Since the defendant in Carter had failed to articulate any privacy interest in the vehicle, he had no standing to contest its search.