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PEOPLE v. PERRINGTON

6008, 294/08, 6009.

89 A.D.3d 529 (2011)

932 N.Y.S.2d 472

2011 NY Slip Op 8198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD PERRINGTON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR SHABAZZ, Appellant.

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

Decided November 15, 2011.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The court appropriately charged the jury on the Penal Law § 265.15 (3) presumption that all the occupants of an automobile are presumed to possess a firearm found therein, and the jury properly drew that inference (see People v Lemmons, 40 N.Y.2d 505<...

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