PEOPLE v. BURKE


96 A.D.2d 971 (1983)

The People of the State of New York, Respondent, v. Patrick J. Burke, Appellant

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

August 4, 1983


The sole issue raised by defendant on this appeal is whether the trial court committed reversible error in denying his request to charge the jury on the law regarding cases based solely on circumstantial evidence. Resolution of this issue depends upon whether statements allegedly made by defendant to a prosecution witness are categorized as direct or circumstantial evidence. At trial, Robert Bennett, Jr., was called to testify as a witness for the People. He was asked if...

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