People v. Glenn

Green, J. P. (dissenting).

The presumption of knowing possession set forth in Penal Law § 220.25 (1) should not have been charged in this case. A criminal statutory presumption may be constitutionally applied only if "there is a 'rational connection’ between the basic facts that the prosecution proved and the ultimate fact presumed” (Ulster County Ct. v Allen, 442 US 140, 165, quoting Tot v United States, 319 US 463, 467). A rational connection between proven facts and facts that the jury is permitted to infer from them depends upon a "substantial assurance that the presumed fact is more…