People v. Howell

—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), convicting defendant, after jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to 2-Vz to 5 years imprisonment, unanimously affirmed.

We reject defendant’s argument that the trial court gave an erroneous circumstantial evidence charge because it did not use the specific words "the inference of guilt is the only one that can fairly and reasonably be drawn from the facts, and the evidence excludes beyond a reasonable doubt every reasonable hypothesis of innocence.” Such instruction must…