Opinion
January 9, 1990
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
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, a triple-beam balance scale on a table, a beeper, and a loaded .9 millimeter pistol on the floor. Also present in an apartment bedroom closet were a strainer and plastic bags. The officers also observed defendant and another person who was carrying $2,500 cash flee to a nearby bedroom window, where the cohort dropped a bag containing over eight pounds of cocaine. Applying the presumption of possession to these circumstances, we find the evidence was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see, People v. Bleakley, 69 N.Y.2d 490).
Concur — Murphy, P.J., Asch, Kassal and Rosenberger, JJ.