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ALLEN v. COUNTY COURT, ULSTER CTY.

No. 158, Docket 77-2059.

568 F.2d 998 (1977)

Samuel ALLEN, Raymond Hardrick and Melvin Lemmons, Petitioners, v. COUNTY COURT, ULSTER COUNTY and New York Woodbourne Correctional Facility, Woodbourne, New York, Respondents.

United States Court of Appeals, Second Circuit.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Eileen F. Shapiro, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Lillian Z. Cohen, Asst. Atty. Gen., New York City, of counsel), for respondents.

Michael D. Young, New York City (Goldberger, Feldman & Breitbart, New York City, of counsel), for petitioners.

Before MANSFIELD and TIMBERS, Circuit Judges, and DOOLING, District Judge.

MANSFIELD, Circuit Judge:

The principal issue in this case is the constitutionality of a New York statute which makes the "presence in an automobile . . . of any firearm . . . presumptive evidence of its possession by all persons occupying such automobile at the time such weapon . . . is found, except under the following circumstances: (a) if such weapon . . . is found upon the person of one of the occupants therein. . . ."1 Judge Richard...

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