Ordered that the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The defendant contends, inter alia, that the permissive presumption of possession contained in Penal Law § 265.15 (3) is unconstitutional as applied to him. We disagree. The evidence adduced at trial established that the defendant was seated in the rear of a small Toyota hatchback in which a pistol and...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.