People v. Perrington

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Danielson, 9 NY3d 342, 348-349 [2007]). The court appropriately charged the jury on the Penal Law § 265.15 (3) presumption that all the occupants of an automobile are presumed to possess a firearm found therein, and the jury properly drew that inference (see People v Lemmons, 40 NY2d 505, 510 [1976]).

The presumption was not rebutted by the fact that the pistol was found in a woman’s purse. Defendants and a separately tried female codefendant were all passengers in the car. The…