Appellate Division of the Supreme Court of New York, 1989

People v. Seabrook

People v. Seabrook
Appellate Division of the Supreme Court of New York · Decided June 19, 1989
151 A.D.2d 703; 543 N.Y.S.2d 943; 1989 N.Y. App. Div. LEXIS 8207
People v. Seabrook

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered September 21, 1987, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*704Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s contention that the sentence should be vacated because it was based upon improper considerations is without merit. Brown, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.

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