PEOPLE v. DeJESUS (1998)

Judgment, Supreme Court, New York County (Howard Bell, J.), rendered June 11, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 23 years to life, unanimously affirmed.

 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, 627 N.Y.S.2d 1014, affd. 88 N.Y.2d 826, 643 N.Y.S.2d 960, 666 N.E.2d 553;  People v. Holmes, 204 A.D.2d 243, 612 N.Y.S.2d 153, 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, 620 N.Y.S.2d 789, 644 N.E.2d 1345).

MEMORANDUM DECISION.