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  5. 66 N.Y.2d 428 (1985)
 

PEOPLE v. FORD

66 N.Y.2d 428 (1985)

The People of the State of New York, Respondent, v. Derwyn Ford, Appellant. The People of the State of New York, Respondent, v. Philip Ladson, Appellant.

Court of Appeals of the State of New York.

Decided November 26, 1985.

Attorney(s) appearing for the Case

Karen Goldstein and William E. Hellerstein for appellant in the first above-entitled action.

Elizabeth Holtzman, District Attorney (Debra W. Petrover and Barbara D. Underwood of counsel), for respondent in the first above-entitled action.

William J. Comiskey for appellant in the second above-entitled action.

Elizabeth Holtzman, District Attorney (Debra W. Petrover and Barbara D. Underwood of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges JASEN, KAYE, ALEXANDER and TITONE concur; Judge SIMONS taking no part.

MEYER, J.

A jury charge which, despite defendant's request, fails to include as part of its instructions concerning circumstantial evidence that the circumstantial facts proved must exclude every hypothesis but guilt constitutes reversible error. In People v Ford, there should, therefore, be a reversal and a new trial ordered. In People v Ladson, however, there should be an affirmance, the errors...

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