# N.Y. PEN Law § 220.25: Criminal possession of a controlled substance; presumption

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.25

## Section

- **Citation:** N.Y. PEN Law § 220.25
- **Heading:** Criminal possession of a controlled substance; presumption
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act PEN / Part 3 / Title M / Article 220 / Section 220.25

## Text

§ 220.25 Criminal possession of a controlled substance; presumption.\n 1. The presence of a controlled substance in an automobile, other than\na public omnibus, is presumptive evidence of knowing possession thereof\nby each and every person in the automobile at the time such controlled\nsubstance was found; except that such presumption does not apply (a) to\na duly licensed operator of an automobile who is at the time operating\nit for hire in the lawful and proper pursuit of his trade, or (b) to any\nperson in the automobile if one of them, having obtained the controlled\nsubstance and not being under duress, is authorized to possess it and\nsuch controlled substance is in the same container as when he received\npossession thereof, or (c) when the controlled substance is concealed\nupon the person of one of the occupants.\n 2. The presence of a narcotic drug, narcotic preparation, marihuana or\nphencyclidine in open view in a room, other than a public place, under\ncircumstances evincing an intent to unlawfully mix, compound, package or\notherwise prepare for sale such controlled substance is presumptive\nevidence of knowing possession thereof by each and every person in close\nproximity to such controlled substance at the time such controlled\nsubstance was found; except that such presumption does not apply to any\nsuch persons if (a) one of them, having obtained such controlled\nsubstance and not being under duress, is authorized to possess it and\nsuch controlled substance is in the same container as when he received\npossession thereof, or (b) one of them has such controlled substance\nupon his person.\n

## Nearby sections

- [N.Y. PEN Law § 220.00 Controlled substances; definitions](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.00.md)
- [N.Y. PEN Law § 220.03 Criminal possession of a controlled substance in the seventh degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.03.md)
- [N.Y. PEN Law § 220.06 Criminal possession of a controlled substance in the fifth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.06.md)
- [N.Y. PEN Law § 220.09 Criminal possession of a controlled substance in the fourth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.09.md)
- [N.Y. PEN Law § 220.16 Criminal possession of a controlled substance in the third degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.16.md)
- [N.Y. PEN Law § 220.18 Criminal possession of a controlled substance in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.18.md)
- [N.Y. PEN Law § 220.21 Criminal possession of a controlled substance in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.21.md)
- [N.Y. PEN Law § 220.25 Criminal possession of a controlled substance; presumption](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.25.md)
- [N.Y. PEN Law § 220.28 Use of a child to commit a controlled substance offense](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.28.md)
- [N.Y. PEN Law § 220.31 Criminal sale of a controlled substance in the fifth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.31.md)
- [N.Y. PEN Law § 220.34 Criminal sale of a controlled substance in the fourth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.34.md)
- [N.Y. PEN Law § 220.39 Criminal sale of a controlled substance in the third degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.39.md)
- [N.Y. PEN Law § 220.41 Criminal sale of a controlled substance in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.41.md)
- [N.Y. PEN Law § 220.43 Criminal sale of a controlled substance in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.43.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.25. Check the current official text before relying on it. Not legal advice.