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County Court of Ulster County v. Allen

United States Supreme Court

442 U.S. 140 (1979)

Relevant factsFree

Four occupants (three adult men and a 16-year-old girl) were tried after two visible handguns were found in the girl's open purse, too large to fit inside it, and a machine gun and heroin were found in the trunk, which had to be pried open; under a New York statute presuming vehicle occupants possess weapons found in the car (except weapons found "upon the person" of an occupant), the jury convicted all four of possessing the handguns while acquitting them of the trunk's contents, and the Second Circuit held the statute facially unconstitutional.

IssueFree

Whether a jury instruction that states that a weapon found in a car is presumptive evidence of its possession by all the occupants violate the Constitution.

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