People v. Dumas

*1026OPINION OF THE COURT

Lorraine S. Miller, J.

This case raises a novel question concerning the "pyramiding” or "bootstrapping” of two distinct statutory presumptions to sustain charges that defendant not only presumptively "possessed” weapons but that she also intended to use them unlawfully against another.

I. INTRODUCTION

The first, Penal Law § 265.15 (3), provides: "[t]he presence in an automobile * * * of any firearm * * * is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon * * * is found”.

The second, Penal Law § 265.15 (4), provides:…