Ordered that the order is reversed, insofar as appealed from, the aforementioned branch of the motion is denied, the second count of the indictment is reinstated, and the matter is remitted to Criminal Term for further proceedings.
Criminal Term erred in concluding that the People could not rely upon the statutory presumption that the defendant possessed a weapon in this case. Penal Law § 265.15 (3), inter alia, provides that the "presence in an automobile...
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