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MATTER OF RHAMEL C.

261 A.D.2d 125 (1999)

691 N.Y.S.2d 21

In the Matter of RHAMEL C., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 4, 1999.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Since the pistol thrown from the vehicle could not be attributed to any of the occupants, the statutory automobile presumption (Penal Law § 265.15 [3]) applied and was not rebutted (see, People v Verez, 83 N.Y.2d 921; People v Velez, 100 A.D.2d 603). Contrary to appellant's argument...

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