Opinion
August 10, 1992
Appeal from the Family Court, Kings County (Nason, J.).
Ordered that the order is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (see, Matter of David H., 69 N.Y.2d 792; Matter of Deon L., 173 A.D.2d 469; Matter of Anthony M., 142 A.D.2d 731), we find it was legally sufficient to establish that the appellant was in constructive possession of the controlled substances found by the police in a bag, in open view, on a couch next to him. Other than the police, the appellant was the only person present in the apartment. Under the circumstances, the court could properly find that the bag in which the cocaine was found was within the appellant's dominion and control (see, Penal Law § 10:00 [8]; People v. Smith, 147 A.D.2d 665; People v Dawkins, 136 A.D.2d 726, 727). Balletta, J.P., O'Brien, Ritter and Copertino, JJ., concur.