People v. Oliverio Galindo


AD1 order dated December 4, 2012, affirming judgment of conviction. Decision below: 101 AD3d 408, 955 NYS2d 24. Pigott, J., granted leave April 3, 2013.

ISSUE PRESENTED: Whether the permissible statutory presumption of PL §265.15(4), that possession of a weapon is presumptive evidence of intent to use, was legally sufficient to support a conviction for weapon possession with unlawful intent, where the prosecution’s only evidence relating to intent (i.e., that the shooting was momentary and accidental) rebutted the presumption. (Assigned counsel: Marisa Cabrera and Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)

sufficiency of statutory presumption where People's own proof rebutted it