People v. Beaudonvine

OPINION OF THE COURT

James G. Starkey, J.

The question presented in this case is a novel one, i.e., whether individuals sitting on a parked automobile — outside the passenger compartment — were "occupying” the automo*180bile when a loaded revolver was found, and thus presumptively in possession of the weapon pursuant to the terms of Penal Law § 265.15 (3). The defendants, charged with criminal possession of a weapon in the third degree in violation of Penal Law § 265.02 (4), have moved for inspection of the Grand Jury minutes and dismissal of the indictment pursuant to CPL 210.30 (1) and (2). Upon…