PEOPLE v. WASHINGTON

The hearing court properly found that the arresting officer acted reasonably in forcibly detaining defendant upon observing him fleeing from the scene of an immediately preceding reported robbery, a portion of which was witnessed by the officer (see, People v. Martinez, 80 N.Y.2d 444, 447-448), and that probable cause existed for defendant's arrest when the victim spontaneously identified defendant, within minutes, as one of the perpetrators of the robbery (see, People v. Nichols, 156 A.D.2d 129, 130, lv denied 76 N.Y.2d 740).

Viewing the trial evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged was proven beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). Viewing the evidence in the light most favorable to defendant, the trial court properly denied defendant's request for a justification charge, as no reasonable view of the evidence would support such a charge (see, People v. Rivera, 138 A.D.2d 169, 174, lv denied 72 N.Y.2d 923).

The trial court also properly excused a sitting juror after ascertaining and placing on the record that the juror in question had experienced chest pains and was then in a hospital emergency room awaiting admission, with initial hospital tests indicating some damage to the heart that required admission (People v Page, 72 N.Y.2d 69).

We perceive no abuse of discretion in sentencing.

Concur — Ellerin, J.P., Ross, Asch, Rubin and Williams, JJ.