Opinion
February 1, 1991
Appeal from the Monroe County Court, Maloy, J.
Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.
Order unanimously affirmed. Memorandum: County Court properly dismissed counts two and three of the indictment. The evidence before the Grand Jury was insufficient to establish defendant's constructive possession of the contraband (see, People v Jennings, 69 N.Y.2d 103, 115; People v Patel, 132 A.D.2d 498, 501-502, lv denied 70 N.Y.2d 935; People v Ballard, 133 Misc.2d 584, 589-590).