Opinion
December 3, 1998
Appeal from the Supreme Court, New York County (Howard Bell, J.).
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.