People v. Martinez

OPINION OF THE COURT

Hancock, Jr., J.

Defendant was convicted by a jury of, among other crimes, one count of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). In submitting the criminal possession count, the trial court instructed the jury that it could find defendant guilty of either actual possession or constructive possession and that it could find that defendant knowingly possessed the drugs by applying the "drug factory” presumption (see, Penal Law § 220.25 [2]). The jury returned a general verdict of guilty on the criminal possession count without…