Opinion
February 1, 1999
Appeal from the Supreme Court, Queens County (Rios, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15 Crim. Proc. [5]).
However, the court erred when it refused the defendant's request to charge the jury concerning circumstantial evidence ( see, People v. Sanchez, 61 N.Y.2d 1022; People v. Molina, 243 A.D.2d 507). Further, under the circumstances presented, the error was not harmless ( see, CPL 300.10).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review, without merit, or need not be reached in light of our determination that reversal is warranted.
O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.