N.Y. Penal Law Section 220.25
Criminal possession of a controlled substance

  • presumption

1.

The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found; except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or

(b)

to any person in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or

(c)

when the controlled substance is concealed upon the person of one of the occupants.

2.

The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or

(b)

one of them has such controlled substance upon his person.

Source: Section 220.25 — Criminal possession of a controlled substance; presumption, https://www.­nysenate.­gov/legislation/laws/PEN/220.­25 (updated Sep. 22, 2014; accessed Nov. 15, 2025).

220.00
Controlled substances 220.03
Criminal possession of a controlled substance in the seventh degree 220.06
Criminal possession of a controlled substance in the fifth degree 220.09
Criminal possession of a controlled substance in the fourth degree 220.16
Criminal possession of a controlled substance in the third degree 220.18
Criminal possession of a controlled substance in the second degree 220.21
Criminal possession of a controlled substance in the first degree 220.25
Criminal possession of a controlled substance 220.28
Use of a child to commit a controlled substance offense 220.31
Criminal sale of a controlled substance in the fifth degree 220.34
Criminal sale of a controlled substance in the fourth degree 220.39
Criminal sale of a controlled substance in the third degree 220.41
Criminal sale of a controlled substance in the second degree 220.43
Criminal sale of a controlled substance in the first degree 220.44
Criminal sale of a controlled substance in or near school grounds 220.46
Criminal injection of a narcotic drug 220.48
Criminal sale of a controlled substance to a child 220.50
Criminally using drug paraphernalia in the second degree 220.55
Criminally using drug paraphernalia in the first degree 220.60
Criminal possession of precursors of controlled substances 220.65
Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist 220.70
Criminal possession of methamphetamine manufacturing material in the second degree 220.71
Criminal possession of methamphetamine manufacturing material in the first degree 220.72
Criminal possession of precursors of methamphetamine 220.73
Unlawful manufacture of methamphetamine in the third degree 220.74
Unlawful manufacture of methamphetamine in the second degree 220.75
Unlawful manufacture of methamphetamine in the first degree 220.76
Unlawful disposal of methamphetamine laboratory material 220.77
Operating as a major trafficker 220.78
Witness or victim of drug or alcohol overdose
Green check means up to date. Up to date

Verified:
Nov. 15, 2025

Last modified:
Sep. 22, 2014

§ 220.25. Crim. possession of a controlled substance's source at nysenate​.gov

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