People v. Wilt

— Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of two counts of criminal possession of a weapon, third degree. The court properly denied defendant’s motion to dismiss the indictment. Defendant contended that the instructions to the Grand Jury were insufficient because, when charging the presumption of possession, the prosecutor did not instruct the jury on the permissive nature of the presumption. The evidence demonstrates that defendant was the only occupant of the van in which a loaded *896revolver was found. That evidence…