Majority
—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.
Cases cited
- People v. Roldan 211 AD2d 366 at 370 p. 59
- People v. Roldan 88 NY2d 826 p. 59
- People v. Brian 84 NY2d 887 p. 59