People v. Joseph

Order, Supreme Court, New York County (Milonas, J.), entered on February 27, 1978, dismissing an indictment which charged the defendants with criminal possession of a weapon in the third degree, unanimously reversed, on the law, the motion to dismiss denied and the indictment reinstated. The court below dismissed the instant indictment on the ground that the statutory presumption of subdivision 3 of section 265.15 of the Penal Law is unconstitutional. The court based its determination on the then persuasive Federal holding of Allen v County Ct., Ulster County (568 F2d 998). However, Allen has…