The court gave the jury a presummation explanation of the automobile presumption (see Penal Law § 220.25 [1]), in which it erroneously stated that the presumption only applied to drugs in "clear view," and it repeated this error in a remark it made during the prosecutor's summation. On appeal, defendant argues that this "clear view" requirement became the law of the case. He further argues that the evidence failed to establish that the drugs were in clear or open...
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