People v. Lowery

—Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered November 18, 1994, convicting him of criminal possession of a controlled substance in the third degree, unlawful possession of marihuana, and violation of Vehicle and Traffic Law § 1229-c (3), upon a jury verdict, and imposing sentence.

*582Ordered that the judgment is affirmed.

The defendant contends that the trial court’s instructions to the jury relating to the presumption of possession of a controlled substance, set forth in Penal Law § 220.25 (1), were improper. The defendant argues that the…