People v. White

224 A.D.2d 224, 637 N.Y.S.2d 151, 1996 N.Y. App. Div. LEXIS 946

Opinion

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered November 12, 1993, convicting defendant, after a jury trial, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was not entitled to a circumstantial charge since, given testimony of a police officer present at the crime scene that he observed defendant, among other things, attempting to pry open a door, the People’s case did not rest on circumstantial evidence alone (see, People v Ruiz, 52 NY2d 929; People v Richardson, 186 AD2d 373, lv denied 81 NY2d 846). Concur — Ellerin, J. P., Kupferman, Ross and Williams, JJ.