Is constructive possession a constructive possession charge?

The defendant responds that while the court properly charged the jury on constructive possession, the court should not have instructed the jury on the Penal Law 220.25(2) presumption because the latter applies only in cases where a defendant is caught on the premises where the drugs are found, and here defendant was arrested outside. He contends that the error was not harmless under our holding in People v. Martinez, 83 N.Y.2d 26, 607 N.Y.S.2d 610, 628 N.E.2d 1320 (1993), because there is no way of determining whether the jury convicted him based on the section 220.25(2) presumption charge, or the constructive possession charge.