People v. Lawrence

*1017other eyewitness testified that, immediately after the shots rang out, she observed defendant standing next to Howard’s vehicle holding in his hand a smoking gun. There was also direct evidence of a robbery attempt, as surveillance officers heard defendant or his codefendant yell, "where is the money?” as they approached the undercover officer’s vehicle. Moreover, even if we were to conclude that the trial court erred by failing to give a circumstantial evidence charge, the error would be harmless (see, People v Daddona, 181 AD2d 688; People v Sumter, 173 AD2d 659, 660, lv denied 78 NY2d 975).