People v. Chamblin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered December 2, 1987, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The defendant contends, inter alia, that the permissive presumption of possession contained in Penal Law § 265.15 (3) is unconstitutional as applied to him. We disagree. The evidence adduced at trial…
2Cases cited2 opinions
- People v. LemmonsNew York Court of Appeals · 1976
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by1 opinion
- In re Tyrone C.Appellate Division of the Supreme Court of the State of New York · 1991