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PEOPLE v. DOWLING

44 N.Y.2d 999 (1978)

The People of the State of New York, Respondent, v. Thomas M. Dowling, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Aaron Nussbaum and Edward H. Frieberger for appellant.

Eugene Gold, District Attorney (Michael R. Gore of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On the undisputed facts, the police officers had probable cause to arrest the defendant. Also, since we have held subdivision 3 of section 265.15 of the Penal Law constitutional (People v Lemmons, 40 N.Y.2d 505), it was not error for the court to instruct the jury on the presumption which it articulates...

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