Ordered that the amended judgments are affirmed.
The County Court properly denied the defendant's motion to suppress his statements as the fruits of a warrantless arrest which he contends was illegal because it was made within the curtilage of his home. The evidence established that the defendant was arrested on his stoop, outside his front door. The defendant was beyond the threshold of his residence and therefore the warrantless arrest was lawful (see, Payton v New York, 445 U.S. 573). The police conduct in following the defendant into his home was also proper since it is well settled that a suspect may not thwart an otherwise proper arrest by retreating into his residence (see, United States v Santana, 427 U.S. 38).
The defendant's remaining contentions are also without merit. The defendant's motion to set aside the verdict as against the weight of the evidence, pursuant to CPL 330.30 was properly denied. The weight of the evidence is a question of fact, and the trial court may set aside a verdict under CPL 330.30 only where there is a ground which, if raised in an appeal, would require reversal or modification as a matter of law (see, People v Carter, 63 N.Y.2d 530). The defendant's motion for a trial order of dismissal was also properly denied. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (CPL 470.15). Eiber, J.P., O'Brien, Santucci and Joy, JJ., concur.