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People v. DeJesus

256 A.D.2d 59 Court N.Y. App. Div. Decision date 1998-12-03 English

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p. 59
The People of the State of New York, Respondent, v Danny DeJesus, Appellant.
[682 NYS2d 33]

—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.

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