Opinion
November 15, 1991
Appeal from the Monroe County Court, Wisner, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal possession of a controlled substance in the seventh degree after police, executing a no-knock warrant, found him in a bedroom about 12 to 15 feet away from a television set in the living room upon which a number of heat-sealed plastic packets of cocaine were in plain view. Several stacks of money were found in the same bedroom where defendant was located, and a notebook resembling a ledger was also found in the apartment. County Court properly applied the statutory presumption of possession pursuant to Penal Law § 220.25 (2). The evidence, when viewed in the light most favorable to the People (see, People v. Tejeda, 73 N.Y.2d 958, 960), was sufficient to prove that defendant was found in close proximity to the cocaine, which was in open view, under circumstances evincing preparation for the purpose of sale (see, People v. McCall, 137 A.D.2d 561, 562, lv denied 70 N.Y.2d 1008). Upon our review of the record, we find that the conviction is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490).