People v. DeJesus

256 A.D.2d 59, 682 N.Y.S.2d 33, 1998 N.Y. App. Div. LEXIS 13049

Opinion

—Judgment, Supreme Court, New York County (Howard Bell, J.), rendered June 11, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 23 years to life, unanimously affirmed.

Defendant’s request for a charge on the evaluation of a wholly circumstantial case was properly denied. The evidence of defendant’s guilt as an accomplice was both direct and circumstantial, a situation which eliminates any necessity for a circumstantial evidence charge (People v Roldan, 211 AD2d 366, 370, affd 88 NY2d 826; People v Holmes, 204 AD2d 243, lv denied 84 NY2d 868). In any event, we note the overwhelming evidence of defendant’s guilt (see, People v Brian, 84 NY2d 887). Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.