Criminal Law Keyed to LaFave
County Court of Ulster County v. Allen
Facts
Three adult males and one 16 year-old girl (who is not a Defendant), were jointly tried on charges of possession of two loaded handguns, a machine gun and over one pound of heroin. The jury convicted Defendants on possession of the handguns but acquitted them of possession of the contents of the trunk. Defendants argued that the guns were in actually in the possession of the girl and they did not have possession of the guns. Defendants challenged the constitutionality of the New York State statute which allowed a presumption of illegal possession if a gun was found in a car occupied by all individuals charged.
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