People v. Velazquez

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered December 21, 1981, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.

Defendant contends that Criminal Term incorrectly charged the jury with respect to the statutory presumption of knowing possession of a weapon when a weapon is found in an automo*528bile while the defendant is an occupant therein (Penal Law § 265.15 [3]). In response to a…