The People of the State of New York v. Pierre McKenzie

Summary

The New York Court of Appeals affirmed the conviction for criminal possession of a weapon, holding that the statutory presumptions in Penal Law §265.15(3) and (4) are permissive and do not shift the burden of proof, and that the indictment counts were sufficiently specific. The Court relied on U.S. Supreme Court precedent that presumptions must be permissive and on New York precedent affirming the permissive nature of such statutes.