People v. Ithier

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered August 24, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The court properly submitted the “room presumption” to the jury, since there was evidence showing that the drugs were found “under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale” such drugs (Penal Law § 220.25 [2] [emphasis supplied]). The People’s proof established that the…