People v. Pritchett

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s request for a circumstantial evidence charge. Where, as here, a case is based on both direct and circumstantial evidence of defendant’s guilt, defendant is not

*947entitled to a circumstantial evidence instruction (see, People v Roldan, 88 NY2d 826, 827; People v Daddona, 81 NY2d 990, 992; People v Jones [appeal No. 1], 256 AD2d 1172, lv denied 93 NY2d 972; People v Jacobsen, 255 AD2d 951, lv denied 93 NY2d 972). Although the court erred in allowing defendant to be cross-examined concerning prior charges of which…