People v. Lopez

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered January 6, 1988, convicting defendant of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]), and sentencing him as a second felony offender to a term of incarceration of 4 Vi to 9 years, is unanimously affirmed.

Viewing the evidence in a light most favorable to the *528People, defendant’s guilt was proven beyond a reasonable doubt. The evidence was sufficient to demonstrate that defendant constructively possessed the cocaine under the statutory presumption of Penal Law § 220.25 (2).…