People v. Faulkner

— Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J., at suppression hearing; Elbert C. Hinkson, J., at plea and sentence), rendered February 25, 1990, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of imprisonment of 4 Vi to 9 years, unanimously affirmed.

Although, in the grand jury proceedings, the prosecution had not relied on the room presumption (Penal Law § 220.25 [2]) to establish defendant’s possession of contraband, its refusal to stipulate…