People v. Purcell

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered July 26, 2004, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the Supreme Court erred in failing to instruct the jury that the statutory presumption under Penal Law § 265.15 (3) that the defendant possessed the firearm was rebuttable and to emphasize that the burden of proof remained on the People…