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MATTER OF WILSON v. NEW YORK CITY HOUSING AUTHORITY

5857, 116992/09.

90 A.D.3d 428 (2011)

933 N.Y.S.2d 667

2011 NY Slip Op 8795

In the Matter of ARKEL WILSON, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents.

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

Decided December 6, 2011.

The finding that petitioner was in constructive possession of a loaded firearm on the date at issue, based on the statutory presumption of Penal Law § 265.15, was not supported by substantial evidence (see Matter of American Tel. & Tel. Co. v State Tax Commn., 61 N.Y.2d 393, 400 [1984]).

Petitioner was driving his friend's car when it was stopped for a traffic violation. His friend was sitting in the front passenger...

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