People v. Handre

OPINION OF THE COURT

William J. Deeley, Jr., J.

Before the court is the motion of the defendant, Gaylord Bryant, brought pursuant to CPL 210.20 (subd 1, par [h]) which, in short, argues that the presumption regarding a weapon found in an automobile is unconstitutional.

The presumption referred to is found in section 265.15 of the Penal Law and as it applies to this case provides as follows: "The 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 statute goes on to…