PEOPLE v. BROWN

Ordered that the order is affirmed.

Viewed in a light most favorable to the People, the evidence presented to the Grand Jury was insufficient to support a finding that the defendant exercised dominion and control over the areas where the cocaine, paraphernalia, and handgun giving rise to the charges at issue were seized ( see, People v. Manini, 79 N.Y.2d 561; People v. Scott, 206 A.D.2d 392; Penal Law § 10.00; CPL 70.10). Thus, the evidence was legally insufficient to support a finding that the defendant constructively possessed such items ( see, People v. Manini, supra; People v Scott, supra; People v. Garcia, 133 A.D.2d 123; People v. Sanabria, 73 A.D.2d 696). Rather, the evidence revealed only that the defendant, who was the girlfriend of the lessee of the apartment that was the subject of a search warrant, was merely present when the contraband was discovered ( see, People v. Manini, supra; People v. Scott, supra; People v. Sanabria, supra). Therefore, the indictment was properly dismissed.

Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.