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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY DeJESUS, Appellant.

Defendant's request for a charge on the evaluation of a wholly circumstantial case was properly denied. The evidence of defendant's guilt as an accomplice was both direct and circumstantial, a situation which eliminates any necessity for a circumstantial evidence charge (People v. Roldan, 211 A.D.2d 366, 370, affd 88 N.Y.2d 826; People v. Holmes, 204 A.D.2d 243, lv denied 84 N.Y.2d 868). In any event, we note the overwhelming evidence of defendant's guilt (see, People v. Brian, 84 N.Y.2d 887).

Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.

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PEOPLE v. DeJESUS
(Dec 3, 1998)