NYSentencing

§ 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.