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PEOPLE v. DEJESUS

256 A.D.2d 59 (1998)

682 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY DEJESUS, Appellant.

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

Decided December 3, 1998.

Defendant's request for a charge on the evaluation of a wholly circumstantial case was properly denied. The evidence of defendant's guilt as an accomplice was both direct and circumstantial, a situation which eliminates any necessity for a circumstantial evidence charge (People v Roldan, 211 A.D.2d 366, 370, affd 88 N.Y.2d 826; People v Holmes, 204 A.D.2d 243

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