In People v. Bentley, 112 A.D.2d 109 (1st Dept 1985), defendant was convicted, inter alia of criminal possession of a controlled substance in the second degree and his sentence and conviction were reversed with that count being dismissed from his indictment. The court held that defendant's conviction for criminal possession of a controlled substance in the second degree must be reversed and that count of the indictment dismissed because the wholly circumstantial evidence of constructive possession of the heroin found on a garage roof below the apartment the defendant was arrested in was insufficient to prove defendant's guilt beyond a reasonable doubt.