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PEOPLE v. BRIAN

84 N.Y.2d 887 (1994)

644 N.E.2d 1345

620 N.Y.S.2d 789

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

Court of Appeals of the State of New York.

Decided October 25, 1994.

Attorney(s) appearing for the Case

Susan J. Horowitz, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Andrea G. Klineman and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that the People's entire case was based upon circumstantial evidence and that the trial court erred in declining the defense request for a circumstantial evidence charge. Defendant was not observed in actual physical possession of the drugs and weapons found in his apartment...

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