A Brooklyn, N.Y. 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 New York Appellate Division, 2nd Department, decision that reversed a conviction for which the only evidence was DNA from a cigarette butt found outside a burglarized house.

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