PEOPLE v. SMITH


268 A.D.2d 210 (2000)

700 N.Y.S.2d 677

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SMITH, Appellant.

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

Decided January 4, 2000.


Defendant failed to preserve his present claim that the court should have given a standard circumstantial evidence charge, or, in the alternative, some discussion of circumstantial evidence and its evaluation and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court was not required to give any type of circumstantial evidence charge where the evidence of defendant's accessorial

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