People v. Johnston

Appellate Division of the Supreme Court of New York

People v. Johnston

133 A.D.2d 782, 519 N.Y.S.2d 1001, 1987 N.Y. App. Div. LEXIS 51821

Appellate Division of the Supreme Court of the State of New York·Decided October 19, 1987·Published·Cited by 1 cases

Opinion

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, [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.

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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, [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.

People v. Johnston, 133 A.D.2d 782, 519 N.Y.S.2d 1001, 1987 N.Y. App. Div. LEXIS 51821 (N.Y. Ct. App. 1987).

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