Opinion
March 23, 1987
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
The evidence adduced at trial was sufficient to prove the defendant's guilt of the crimes of which he was convicted beyond a reasonable doubt (see, People v. Musial, 120 A.D.2d 682; People v. Bauer, 113 A.D.2d 543). Specifically, with respect to the assault, there was ample evidence that the defendant acted in concert with his codefendants.
The defendant's contention that the court erred in failing to give the jury a circumstantial evidence instruction is unpreserved, and, in any event, without merit. A circumstantial evidence charge is required only when the People's case rests entirely on circumstantial evidence (People v. Hines, 120 A.D.2d 676), and at bar the People's case included direct evidence of the defendant's guilt.
The defendant's remaining contentions are unpreserved for appellate review or without merit. Brown, J.P., Lawrence, Eiber and Sullivan, JJ., concur.