Before the court is the motion of the defendant, Gaylord Bryant, brought pursuant to CPL 210.20 (subd 1, par [h]) which, in short, argues that the presumption regarding a weapon found in an automobile is unconstitutional.
The presumption referred to is found in section 265.15 of the Penal Law and as it applies to this case provides as follows: "The presence in an automobile * * * of any firearm * * * is presumptive evidence...
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