People v. Johnson

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered October 26, 2000, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Where proof of all elements of a charge is based wholly on circumstantial evidence, the jury should be given a circumstantial evidence charge. However, where a charge is supported with both circumstantial and direct evidence, the court need not so instruct the jury (see People v Daddona, 81 NY2d 990). Here, there was…