People v. Bundy

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was charged with criminal possession of a controlled substance in the first, second, third and fourth degrees, criminal possession of a weapon in the third degree and criminal use of drug paraphernalia in the second degree. The trial court submitted one count to the jury on the basis of the drug factory presumption (Penal Law § 220,25 [2]) and the remaining eight counts on the theory of constructive possession. The jury convicted defendant of all counts charged.

The trial evidence was sufficient to…