People v. Alexander

the judgment of conviction of murder in the second degree should be reversed on the law and a new trial ordered because of the absence of a charge on circumstantial evidence.

CPL 470.15 (4) (b) deems allegations as to the insufficiency of the evidence to be reviewable by this court "upon the law” even in the absence of a specific objection at the trial court. (See, People v Kilpatrick, 143 AD2d 1, 3 [1st Dept 1988].) Thus, the defendant’s contention that the circumstantial evidence was insufficient to support his conviction of robbery in the first degree and murder in the second degree is…