What is the test for possession of helium?

Although the defendants may not have intended to use the helium to inflict physical injury or cause annoyance to a person or to damage property of another or to disturb the public peace, possession of noxious material is presumptive evidence of intent to use it in violation of the statute. P.L. 270.05(3). The statutory presumption "establishes a prima facie case against the defendant, which he may rebut at trial by offering evidence to the contrary (citation omitted)."

[27 Misc.3d 1139]

People v. Hayes, 11 Misc.3d 1084 (A), 2006 WL 1068657 (Crim. Ct. N.Y. County 2006).

[27 Misc.3d 1139]