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PEOPLE v. MOLINA

157 A.D.2d 482 (1990)

The People of the State of New York, Respondent, v. Carlos Molina, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 9, 1990

In this nonjury trial, the court correctly applied the statutory presumption pursuant to Penal Law § 220.25 (2) since defendant was found in close proximity to the cocaine and there was sufficient evidence that the substance was being processed for future distribution and sale (People v James, 151 A.D.2d 606). Upon executing a "no-knock" warrant on a Bronx apartment, the police saw, in open view, a police frequency scanner,...

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