People v. Webster

—Judgment unanimously affirmed. Memorandum: Supreme Court did not err in refusing to give a circumstantial evidence instruction that the evidence must exclude to a moral certainty every reasonable hypothesis but guilt. That evidentiary standard applies only to a case based entirely upon circumstantial evidence (see, People v Daddona, 81 NY2d 990, 992; see also, People v Goss, 204 AD2d 984 [decided herewith]; cf., People v Silva, 69 NY2d 858, 859; People v Ford, 66 NY2d 428). It does not apply where, as here, the People proffered both direct and circumstantial evidence to prove defendant’s…