People v. Flores

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered August 11, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

The court properly charged the "automobile presumption” (Penal Law § 265.15 [3]), which presumes possession of a firearm by all occupants of a vehicle "except * * * (a) if such weapon * * * is found upon the person of one of the occupants therein”, where, immediately before the arrest, the weapon was in the possession of the codefendant,…