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PEOPLE v. BEAUDONVINE

136 Misc.2d 179 (1987)

The People of the State of New York, Plaintiff, v. Andre Beaudonvine, Jean Serge Faroul and Fitzgerald Mirville, Defendants.

Supreme Court, Kings County.

July 6, 1987

Attorney(s) appearing for the Case

Lawrence S. Lewis for Andre Beaudonvine, defendant. Caesar D. Cirigliano and Joseph Sieger for Jean Serge Faroul, defendant. Paul A. Battiste for Fitzgerald Mirville, defendant. Elizabeth Holtzman, District Attorney (Mark Hale of counsel), for plaintiff.

JAMES G. STARKEY, J.

The question presented in this case is a novel one, i.e., whether individuals sitting on a parked automobile — outside the passenger compartment — were "occupying" the automobile when a loaded revolver was found, and thus presumptively in possession of the weapon pursuant to the terms of Penal Law § 265.15 (3). The defendants, charged with criminal possession of a weapon...

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