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PEOPLE v. BRIAN

197 A.D.2d 529 (1993)

604 N.Y.S.2d 744

The People of the State of New York, Respondent, v. Kevin Brian, Also Known as Kevin Bryan, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 4, 1993

Ordered that the judgment and amended judgment are affirmed.

Although the trial court should have delivered a charge on circumstantial evidence (see, People v Benzinger, 36 N.Y.2d 29, 32), we find that such failure does not warrant reversal because the circumstantial evidence adduced at trial overwhelmingly established the defendant's guilt of the crimes charged and excluded...

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