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MATTER OF JONATHAN V.

55 A.D.3d 273 (2008)

865 N.Y.S.2d 44

In the Matter of JONATHAN V., a Person Alleged to be a Juvenile Delinquent, Appellant. In the Matter of DREW C., a Person Alleged to be a Juvenile Delinquent, Appellant. In the Matter of MICHAEL B., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 30, 2008.

Attorney(s) appearing for the Case

Frederic P. Schneider, New York City, for Jonathan V., appellant.

David Adam Goldstein, New York City, for Drew C., appellant.

Steven N. Feinman, White Plains, for Michael B., appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal and Kristin M. Helmers of counsel), for presentment agency.

FRIEDMAN, J.P., WILLIAMS and ACOSTA, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

This case presents the question of whether the presumption of constructive possession of a firearm can be applied to persons riding on a charter bus that was used to transport an extended family from Staten Island to a violent rendezvous in Harlem. At the outset, we note that as to each appellant, the court's finding was based on legally sufficient evidence and was not against the weight of the evidence. (See People...

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