In People v. King (242 A.D.2d 736, 662 N.Y.S.2d 806) the police officers stopped the defendant and his companions as they were entering a livery cab. The men, one of whom was carrying a brown jacket, matched the description given by a recent robbery victim. The victim arrived at the scene, failed to make a positive identification of any of the suspects and indicated that the brown jacket carried by one of the suspects was not his. Prior to releasing the suspects, the officer reached inside the livery cab and removed a second brown jacket, which contained a handgun. A subsequent search of the cab revealed two other handguns. In reversing the conviction, the Second Department held that the officers were not justified in searching the cab after the robbery victim failed to make an identification. The seizure of the second jacket was not admissible under the plain view doctrine or any other exception to the warrant requirement. The majority opinion noted that the issue of standing was not raised before the hearing court, nor upon appeal and the court was disinclined to address the issue sua sponte. The court did state that it "disagreed with the conclusion [of the dissenting justice] that the defendant does not have automatic standing" (id., at 737).