The defendants are accused of criminal possession of a weapon in the third degree in that on March 24, 1981 they both possessed a loaded pistol. Possession is based upon the presence of the weapon in defendants' automobile pursuant to the presumption which attaches by virtue of subdivision 3 of section 265.15 of the Penal Law. Defendants move to suppress the pistol asserting that there was no basis to stop their vehicle and that...
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