People v. Santiago

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant was properly convicted under both the automobile presumption (Penal Law § 220.25 [1]) and the theory of constructive possession (see People v Caba, 23 AD3d 291 [2005], lv denied 6 NY3d 810 [2006]).

Defendant did not preserve his arguments concerning the applicability of the automobile presumption, and we decline to review them in the interest of justice. As an alternative holding, *507we also reject them on the merits. In the…