A Brooklyn judge has ruled that even though the only evidence linking a defendant to a burglary—DNA on a screwdriver recovered from inside a burglarized movie theater—is “wholly circumstantial,” it is nonetheless sufficient to support an indictment.

Acting Supreme Court Justice Mark Dwyer distinguished the case from a recent Appellate Division, Second Department, decision that reversed a conviction for which the only evidence was DNA from a cigarette butt found outside a burglarized house.