New York Supreme Court October 5, 1981 (People v. Aguirre)

OPINION OF THE COURT

Nicholas A. Clemente, J.

The defendants are accused of criminal possession of a weapon in the third degree in that on March 24,1981 they both possessed a loaded pistol. Possession is based upon the presence of the weapon in defendants’ automobile pursuant to the presumption which attaches by virtue of subdivision 3 of section 265.15 of the Penal Law.