55 N.Y.2d 661 | NY | 1981
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. The statutory presumption concerning possession of firearms in automobiles (Penal Law, § 265.15, subd 3), especially when coupled with the testimony of the arresting officers that, right after he was signaled to pull his car over to the side of the road, the petitioner first bent forward beneath his seat and then leaned over towards the passenger, was sufficient to support the hearing officer’s determination that the petitioner had violated the conditions of his parole by possessing the two guns. Moreover, since, as his decision expressly indicates, the hearing officer did not rely on the hearsay testimony of the police relating to the
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, without costs, in a memorandum.