Opinion
May 4, 1999
Appeal from the Family Court, New York County (Mary Bednar, J.).
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Since the pistol thrown from the vehicle could not be attributed to any of the occupants, the statutory automobile presumption (Penal Law § 265.15) applied and was not rebutted (see, People v. Verez, 83 N.Y.2d 921; People v. Velez, 100 A.D.2d 603). Contrary to appellant's argument, we find that the seating arrangements and the open or closed condition of the vehicle's windows did not compel an inference that it was an occupant other than appellant who discarded the pistol.
Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.