N.Y. Penal Law § 220.25: Criminal possession of a controlled substance; presumption

§ 220.25 Criminal possession of a controlled substance; presumption.

1. The presence of a controlled substance in an automobile, other than

a public omnibus, is presumptive evidence of knowing possession thereof

by each and every person in the automobile at the time such controlled

substance was found; except that such presumption does not apply (a) to

a duly licensed operator of an automobile who is at the time operating

it for hire in the lawful and proper pursuit of his trade, or (b) to any

person in the automobile if one of them, having obtained the controlled

substance and not being under duress, is authorized to possess it and

such controlled substance is in the same container as when he received

possession thereof, or (c) when the controlled substance is concealed

upon the person of one of the occupants.

2. The presence of a narcotic drug, narcotic preparation, marihuana or

phencyclidine in open view in a room, other than a public place, under

circumstances evincing an intent to unlawfully mix, compound, package or

otherwise prepare for sale such controlled substance is presumptive

evidence of knowing possession thereof by each and every person in close

proximity to such controlled substance at the time such controlled

substance was found; except that such presumption does not apply to any

such persons if (a) one of them, having obtained such controlled

substance and not being under duress, is authorized to possess it and

such controlled substance is in the same container as when he received

possession thereof, or (b) one of them has such controlled substance

upon his person.