PEOPLE v. MATIAS

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the resolution of conflicting testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v. Gaimari, 176 N.Y. 84, 94). The jury properly credited the officer's testimony, corroborated by photographs, that he was able to see defendant departing from the apartment in question. The statutory presumption contained in Penal Law 220.25(2) was properly submitted to the jury because defendant was observed leaving the apartment moments before the drugs were discovered in open view therein (see, People v. Santos, 210 A.D.2d 129, lv denied 85 N.Y.2d 942; People v. Maldonado, 189 A.D.2d 737, lv denied 81 N.Y.2d 1016). We conclude that the evidence established defendant's guilt under that theory. Contrary to defendant's assertion, the theory of constructive possession was also submitted to the jury, and the evidence established defendant's guilt under that theory as well (see, People v. Manini, 79 N.Y.2d 561, 573).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.