It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict, of murder in the second degree (Penal Law § 125.25 [1]). We reject defendant's contention that reversal is required based on County Court's refusal to give a circumstantial evidence charge. Where, as here, the proof at trial consists of both "circumstantial and direct...
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