People v. Seabrook

Appellate Division of the Supreme Court of New York

People v. Seabrook

151 A.D.2d 703, 543 N.Y.S.2d 943, 1989 N.Y. App. Div. LEXIS 8207

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1989

StatusPublished

This text of 151 A.D.2d 703 (People v. Seabrook) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Seabrook, 151 A.D.2d 703, 543 N.Y.S.2d 943, 1989 N.Y. App. Div. LEXIS 8207 (N.Y. Ct. App. 1989).

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Opinion

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.

[704]*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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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.

[704]*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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Bluebook (online)

151 A.D.2d 703, 543 N.Y.S.2d 943, 1989 N.Y. App. Div. LEXIS 8207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seabrook-nyappdiv-1989.

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