PEOPLE v. LOPEZ


28 A.D.3d 234 (2006)

812 N.Y.S.2d 99

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN LOPEZ, Appellant.

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

April 6, 2006.


Defendant did not preserve his claim that the court should have delivered a circumstantial evidence charge and we decline to review it in the interest of justice. Were we to review this claim, we would find that, although a circumstantial evidence charge would have been appropriate, its absence was harmless because the evidence "was overwhelming and there simply is no reasonable possibility, let alone significant probability that the jury would have acquitted here if the...

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