People v. White

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT WHITE, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 6, 1996

224 A.D.2d 224 (N.Y. App. Div. 1996)

637 N.Y.S.2d 151

Opinion

February 6, 1996

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).

Defendant was not entitled to a circumstantial charge since, given testimony of a police officer present at the crime scene that he observed defendant, among other things, attempting to pry open a door, the People's case did not rest on circumstantial evidence alone ( see, People v. Ruiz, 52 N.Y.2d 929; People v Richardson, 186 A.D.2d 373, lv denied 81 N.Y.2d 846).

Concur — Ellerin, J.P., Kupferman, Ross and Williams, JJ.