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PEOPLE v. MILLAN

69 N.Y.2d 514 (1987)

The People of the State of New York, Respondent, v. Hector Millan, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1987.

Attorney(s) appearing for the Case

John T. McClintock and Norman L. Reimer for appellant.

Robert M. Morgenthau, District Attorney (Eleanor J. Ostrow and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and TITONE concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents and votes to affirm in a separate opinion; Judge ALEXANDER taking no part.

HANCOCK, JR., J.

The People charged defendant with criminal possession of a weapon solely on the basis of the statutory presumption of possession (Penal Law § 265.15 [3])1 arising from the fact that the weapon was discovered in the passenger compartment of the taxicab in which he was riding. We hold that under these circumstances the People's imputation of constructive possession...

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