Appellate Division of the Supreme Court of the State of New York November 24, 2004 (People v. Tabb)

Lahtinen, J.

Appeal from a judgment of the Supreme Court (Teresi, J.), rendered July 3, 2003 in Albany County, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree.

Defendant’s conviction for criminal possession of a weapon in the third degree was based, in part, upon the presumption provided by Fenal Law § 265.15.