What is the test for possession of marijuana under section 220.25(1) of the New York State Criminal Code?

The People concede that P.L. 220.25(1) only applies to the presence of a controlled substance in an automobile. There is no legal presumption of possession for all occupants of a vehicle in which marijuana is discovered by the police. People v. Gabbidon, Jr., 40 AD3d 776 (2d Dept. 2007); P.L. 220.25(1). Instead, the People argue that the defendant had "constructive possession" over the marijuana in the car, for the accusatory does not allege that the defendant had physical possession of the marijuana. It reads as follows:

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