Opinion
December 22, 1997
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the judgment is modified, on the law, to provide that the indeterminate terms of imprisonment imposed for the two counts of attempted aggravated assault on a police officer shall run concurrently with each other and with the other sentences imposed; as so modified, the judgment is affirmed.
Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620, 621; People v. Bracey, 41 N.Y.2d 296; cf., People v. Fero, 156 A.D.2d 582). 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 ( see, CPL 470.15; People v. Bleakley, 69 N.Y.2d 490).
However, contrary to the People's contention, the imposition of consecutive indeterminate terms of imprisonment for the two counts of attempted aggravated assault on a police officer was improper ( see, Penal Law § 15.00; § 70.25 [2]; People v. Laureano, 87 N.Y.2d 640; People v. Kirkwood, 165 A.D.2d 881; cf., People v. Brathwaite, 63 N.Y.2d 839).
Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.