PEOPLE v. TABB


12 A.D.3d 951 (2004)

785 N.Y.S.2d 193

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TELLY TABB, Appellant.

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

November 24, 2004.


Lahtinen, J.

Defendant's conviction for criminal possession of a weapon in the third degree was based, in part, upon the presumption provided by Penal Law § 265.15. Shortly after midnight on September 2, 2002, police officer Pasqualino De Luca observed a car with Kentucky license plates parked at a gas station in the city that matched a description that police had received of a vehicle whose occupants were suspected...

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