People v. Williams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lawrence, J.
The issue presented for our consideration is the sufficiency of the instructions given to the Grand Jury concerning the statutory presumption of possession of a weapon in an automobile (Penal Law §265.15 [3]). We find that under the circumstances herein, the mere recitation of the statutory language set forth in Penal Law § 265.15 (3), without further instructions on the permissive nature of the presumption, was so inadequate that dismissal of the indictment as against the defendants Earl Williams and Christine Simmons was required.
I
The testimony before the…
2Cases cited11 opinions
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