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PEOPLE v. DUMAS

156 Misc.2d 1025 (1992)

595 N.Y.S.2d 644

The People of the State of New York, Plaintiff, v. Gilmarg Dumas, Defendant.

Supreme Court, Kings County.

October 30, 1992

Attorney(s) appearing for the Case

Legal Aid Society (Jennifer Feiss of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County (Nicholas Fengos of counsel), for plaintiff.

LORRAINE S. MILLER, J.

This case raises a novel question concerning the "pyramiding" or "bootstrapping" of two distinct statutory presumptions to sustain charges that defendant not only presumptively "possessed" weapons but that she also intended to use them unlawfully against another.

I. INTRODUCTION

The first, Penal Law § 265.15 (3), provides: "[t]he presence in an automobile...

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