People v. Zimmerman

• Decision Date: 15 November 1988
• Citation: People v. Zimmerman, 534 N.Y.S.2d 40, 144 A.D.2d 946 (N.Y. App. Div. 1988)
• Parties: PEOPLE of the State of New York, Respondent, v. Douglas ZIMMERMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 40

534 N.Y.S.2d 40

144 A.D.2d 946

PEOPLE of the State of New York, Respondent, v.Douglas ZIMMERMAN, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Nov. 15, 1988.

Edward J. Nowak by Jeffrey Wicks, Rochester, for appellant.

Howard R. Relin by Melvin Bressler, Rochester, for respondent.

Before DILLON, P.J., and DENMAN, GREEN, LAWTON and DAVIS, JJ.

MEMORANDUM:

Because no direct proof was presented that defendant knew of any false statements on the loan applications or that he benefitted from the loans, the trial court erred in refusing defense counsel's request to give a circumstantial evidence charge (see, People v. Ford, 66 N.Y.2d 428, 441-443, 497 N.Y.S.2d 637, 488 N.E.2d 458;People v. Rodriguez, 134 A.D.2d 153, 520 N.Y.S.2d 389).

We have reviewed defendant's remaining contentions and find them to be without merit.

Judgment unanimously reversed on the law and new trial granted.