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PEOPLE v. SANTIAGO

6564, 2373/08.

91 A.D.3d 506 (2012)

937 N.Y.S.2d 19

2012 NY Slip Op 248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR SANTIAGO, Appellant.

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

Decided January 17, 2012.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant was properly convicted under both the automobile presumption (Penal Law § 220.25 [1]) and the theory of constructive possession (see People v Caba, 23 A.D.3d 291 [2005], lv denied 6 N.Y.3d 810

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