PEOPLE v. HOPE


262 A.D.2d 254 (1999)

694 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH HOPE, Appellant.

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

Decided June 29, 1999.


Defendant's request for a circumstantial evidence charge was properly denied. Contrary to defendant's claim, the evidence was not wholly circumstantial. The testimony of the complainant and an eyewitness that defendant (who was the only individual in a position to stab the complainant) threatened to stab the complainant and was observed in possession of a knife immediately before and after the stabbing, constituted direct evidence (see, People v Daddona,

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