Opinion
December 12, 1988
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
Where, as here, the prosecution relies upon both direct and circumstantial evidence to establish the defendant's guilt, a circumstantial evidence charge is not required (see, People v Barnes, 50 N.Y.2d 375, 380; People v Rosario, 138 A.D.2d 645; People v Timmons, 138 A.D.2d 428; People v Monroe, 135 A.D.2d 741).
The other alleged error in the court's charge urged upon us by the defendant has not been preserved for appellate review. Not only did defense counsel fail to request a charge on the matter of competing inferences, but he also failed to object to the court's failure to include such an instruction. In any event, the court's instructions on the burden of proof, guilt beyond a reasonable doubt, and the presumption of innocence were comprehensive and adequate. Bracken, J.P., Rubin, Sullivan and Balletta, JJ., concur.