Opinion
January 6, 2000
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered August 4, 1997, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 10 years, unanimously affirmed.
Sandra E. Cavazos, for respondent.
Todd A. Landau, for defendant-appellant.
NARDELLI, J.P., TOM, MAZZARELLI, ELLERIN, FRIEDMAN, JJ.
Defendant failed to preserve his present claim that the court should have given a standard circumstantial evidence charge, or, in the alternative, some discussion of circumstantial evidence and its evaluation and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court was not required to give any type of circumstantial evidence charge where the evidence of defendant's accessorial liability was both direct and circumstantial (People v. Roldan, 211 A.D.2d 366, 370,affd 88 N.Y.2d 826; People v. DeJesus, 256 A.D.2d 59 lv denied 93 N.Y.2d 969; People v. Holmes, 204 A.D.2d 243, lv denied 84 N.Y.2d 868).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.