People v. Sabatini — 188 A.D.2d 568

Majority

p. 568

The People of the State of New York, Respondent, v Louis Sabatini, Appellant.

Appeal by the defendant from a judgment of the County Court, Putnam County (Sweeny, J.), rendered January 8, 1991, convicting him of burglary in the third degree and attempted grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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

The sentence was not excessive (People v Suitte, 90 AD2d 80 ). Thompson, J. P., Balletta, Eiber and O’Brien, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 568
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 568