PEOPLE v. JAMES


266 A.D.2d 236 (1999)

699 N.Y.S.2d 418

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JAMES, Appellant.

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

Decided November 1, 1999.


Ordered that the judgment is affirmed.

The defendant was found in his motel room with a packet of $20 bills on his person and a few feet away from two partially-open tissue papers containing 28 tinfoil packages of cocaine. Also present in the room were loose pieces of aluminum foil, a razor with cocaine residue on it, and a second packet of $20 bills.

The trial court was correct in charging the presumption of knowing possession pursuant to Penal Law §...

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