Brief Fact Summary. New York law presumed that a firearm in a vehicle is presumed to be possessed by all occupants of that vehicle.
Synopsis of Rule of Law. “An [evidentiary] device must no undermine the factfinder’s responsibility at trial, based on evidence adduced by the State, to find the ultimate facts beyond a reasonable doubt.”
If neither the state legislature nor the state courts indicate that a federal constitutional claim is barred by some state procedural rule, a federal court implies no disrespect for the State by entertaining the claim.
View Full Point of LawIssue. Whether a defendant may challenge as unconstitutional a New York statute that “provides.