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People v. Abraham

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 11, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
EARL ABRAHAM, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered on February 10, 2009, convicting defendant, after a jury trial, of burglary in the second degree (two counts), attempted burglary in the second degree and criminal trespass in the second degree (two counts), and sentencing him, as a second violent felony offender, to an aggregate term of 23 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Sweeny, Moskowitz, DeGrasse, Manzanet-Daniels, JJ.

6261/07 & 1822/08

Defendant's challenge to the sufficiency of the evidence is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. We further find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There was ample evidence, including surveillance videotapes, to establish the intent element of the burglary and attempted burglary charges.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100511

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