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Matter of Rhamel C

Appellate Division of the Supreme Court of New York, First Department
May 4, 1999
261 A.D.2d 125 (N.Y. App. Div. 1999)

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.


Summaries of

Matter of Rhamel C

Appellate Division of the Supreme Court of New York, First Department
May 4, 1999
261 A.D.2d 125 (N.Y. App. Div. 1999)
Case details for

Matter of Rhamel C

Case Details

Full title:In the Matter of RHAMEL C., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 4, 1999

Citations

261 A.D.2d 125 (N.Y. App. Div. 1999)
691 N.Y.S.2d 21

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