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PEOPLE v. DeMARCO

227 A.D.2d 106 (1996)

641 N.Y.S.2d 312

The People of the State of New York, Respondent, v. Pasquale DeMARCO, Appellant

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

May 2, 1996

Defendant's claim that the court should have given a circumstantial evidence charge is unpreserved for appellate review as a matter of law (People v Battle, 198 A.D.2d 112, lv denied 83 N.Y.2d 802), and we decline to review it in the interest of justice. If we were to review it, we would find that such a charge was not warranted since there was both direct and circumstantial evidence of defendant's guilt, the direct evidence...

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