Opinion
January 20, 1987
Appeal from the Supreme Court, Queens County (Pitaro, J.).
Ordered that the judgment is reversed, on the law, the indictment is dismissed and the case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The only evidence adduced at trial with respect to the defendant's possession of cocaine was her presence in the apartment where the narcotics were found. This evidence was not sufficient to establish that the defendant exercised the dominion and control over the cocaine necessary to establish constructive possession (see, People v. Ortiz, 126 A.D.2d 677 [decided herewith]; People v. Rodriguez, 104 A.D.2d 832; People v Sanabria, 73 A.D.2d 696; Penal Law § 10.00). Thompson, J.P., Weinstein, Eiber and Spatt, JJ., concur.