PEOPLE v. KELLY


14 A.D.3d 390 (2005)

787 N.Y.S.2d 330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY KELLY, Appellant.

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

January 13, 2005.


The court provided a meaningful response to the jury's note seeking instruction on the "criteria we can use to evaluate circumstantial evidence" (see People v Malloy, 55 N.Y.2d 296 [1982], cert denied 459 U.S. 847 [1982]). Since there was direct evidence of defendant's guilt, there was no need for a circumstantial evidence instruction, and the court had properly declined to give such an instruction in its main charge (see...

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