The following excerpt is from Chalmers v. Mitchell, 73 F.3d 1262 (2nd Cir. 1996):
Chalmers correctly asserts that the prosecution did not show that he resided at the apartment or that he was a frequent visitor. However, the surrounding circumstances are such that a rational jury could find that he was "otherwise exercising dominion or control" over the apartment, and thus over the drugs. Id. The drugs and the marked money used in the buy and bust were found in plain view in the apartment, and although they were not in the same room with Chalmers, a rational jury could deduce that "the arrival of the police had merely interrupted the defendant's wrongful 'possession' of the [drugs]." People v. Gina, 137 A.D.2d 555, 524 N.Y.S.2d 296, 297 (2d Dep't) (holding that defendant found hiding in rafters of burglarized jewelry store was properly convicted of possession of stolen jewels that were in a bag on the floor below), leave to appeal denied, 71 N.Y.2d 1027, 530 N.Y.S.2d 562, 526 N.E.2d 54 (1988). The jury could conclude that Chalmers had been in the room with the drugs when the police arrived and had fled to another room. This conclusion would be supported by the appellant's leaning out of the bedroom window--presumably looking for an escape route--until being ordered back inside, which the jury also could have interpreted as consciousness of guilt.
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