Viewing the evidence in a light most favorable to the People ( People v. Contes, 60 N.Y.2d 620, 621), the evidence was legally sufficient to establish defendant's guilt of the crime charged. Upon an independent review of the facts, we find the verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). Where, as here, the evidence demonstrates that defendant owned, rented or had control over or a possessory interest in, the apartment where drugs were found, the evidence is legally sufficient to establish his constructive possession of such drugs ( see, People v. Manini, 79 N.Y.2d 561, 573; People v Tirado, 38 N.Y.2d 955, affg 47 A.D.2d 193). That defendant was the only one indicted for possession of the drugs found in the apartment, although other members of his family were both present therein and also arrested for possessory crimes, does not establish that he was the victim of selective prosecution. "Possession if joint is no less possession" ( People v. Tirado, supra, at 956). The drugs, paraphernalia and large sums of money recovered sufficiently established that defendant knew what he possessed ( see, People v. Reisman, 29 N.Y.2d 278, 285-288, cert denied 405 U.S. 1041), and that he was not merely a drug user, but a drug seller ( see, People v. Marte, 207 A.D.2d 314, 316, lv denied 84 N.Y.2d 937).
Defendant's present contentions of ineffective assistance of counsel are without merit. Some are belied by the record and the remainder cannot be entertained on this direct appeal since they are based on matters dehors the record and, in the absence of a motion to vacate the conviction pursuant to CPL 440.10, counsel's tactics are left unexplained ( see, People v. Brown, 45 N.Y.2d 852, 853-854). Review of defendant's Rosario claim is also precluded for failure to provide an adequate record. Defendant's remaining contentions do not warrant corrective action.
Concur — Ellerin, J.P., Wallach, Ross, Asch and Mazzarelli, JJ.