Opinion
July 29, 1996
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The defendant was not entitled to a circumstantial evidence charge herein because the case did not rest entirely upon circumstantial evidence (see, People v. Roldan, 88 N.Y.2d 826; see also, People v. Daddona, 81 N.Y.2d 990; People v. Sills, 215 A.D.2d 412; People v. O'Brien, 212 A.D.2d 741, 742).
We have examined the defendant's remaining contention and find it to be without merit. Rosenblatt, J.P., Santucci, Joy and Hart, JJ., concur.