People v. Johnston — 133 A.D.2d 782

Majority

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The People of the State of New York, Respondent, v Charles Johnston, Jr., Appellant.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered April 27, 1982, convicting him of burglary in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The evidence adduced supports the findings that the defendant caused physical injury to a resident of the house he had burglarized (see, Penal Law § 10.00 [9]; People v Coward, 100 AD2d 628 ) while in immediate flight from that building (see,

p. 783

Penal Law § 140.30 [2]; People v Gladman, 41 NY2d 123 ). Upon the exercise of our factual review power we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

The evidence at the hearing clearly showed that the police had probable cause to arrest the defendant (People v Scruggs, 90 AD2d 520 , 521; cf., People v Moore, 62 AD2d 155 , 159-160 [Silverman, J., dissenting], revd 47 NY2d 911 , on dissenting opn of Justice Silverman at App Div), and was conducted within a reasonable period of time (see, People v Veal, 106 AD2d 418 ; People v Brnja, 70 AD2d 17 , affd 50 NY2d 366 ).

We have considered the defendant’s remaining contentions and find them to be without merit. Niehoff, J. P., Mangano, Bracken and Eiber, JJ., concur.

Cases cited

People v. Coward 100 AD2d 628 N.Y. App. Div. 1984-03-26 p. 782
People v. Scruggs 90 AD2d 520 N.Y. App. Div. 1982-10-18 at 521 p. 783
People v. Moore 62 AD2d 155 N.Y. App. Div. 1978-04-18 at 159-160 p. 783
People v. Moore 47 NY2d 911 N.Y. 1979-06-26 p. 783
People v. Veal 106 AD2d 418 N.Y. App. Div. 1984-12-03 p. 783
People v. Brnja 70 AD2d 17 N.Y. App. Div. 1979-08-13 p. 783
People v. Brnja 50 NY2d 366 N.Y. 1980-06-03 p. 783