People v. Nix
City of New York Criminal Court
960 N.Y.S.2d 299 (2013)
- Written by Carolyn Strutton, JD
Facts
Nix (defendant) was sitting in a car parked in the Bronx, New York. A police officer approached the car and noticed the butt of a pump-action 12-gauge shotgun, which was protruding from the trunk and preventing the trunk from closing completely. The serial number of the shotgun had been deliberately defaced to make it unreadable. Nix was arrested and charged with violating a state statute that prohibited possession of a shotgun or a rifle without a permit. The charge was based on a state statutory presumption, “the automobile presumption,” under which anyone in a vehicle in which a defaced rifle or shotgun was located could be presumed to be in possession of the weapon. Nix filed a motion to dismiss the charge, alleging that it was facially insufficient.
Rule of Law
Issue
Holding and Reasoning (Wilson, J.)
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