Opinion
February 21, 1989
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, and viewing the evidence in the light most favorable to the People (People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the defendant was in constructive possession of the controlled substances found in open view on a table next to the defendant in an apartment of which he was the sole occupant (see, People v Hamilton, 56 N.Y.2d 632). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15; People v Dawkins, 136 A.D.2d 726). The defendant's assertion that he had no knowledge of the existence of these items is less than persuasive. Mangano, J.P., Brown, Eiber and Harwood, JJ., concur.