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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIUS GITTENS, Appellant.

Ordered that the judgment is affirmed.

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 disprove beyond a reasonable doubt the defense of justification asserted by the defendant. 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 (CPL 470.15).

The testimony offered by the defendant at trial failed to establish that his escape from the Ossining Correctional Facility was compelled by the existence of conditions posing an imminent danger of personal injury to him (see, People v. Brown, 68 A.D.2d 503, 511). Moreover, in view of the uncontroverted testimony that the defendant was attempting to conceal himself when he was discovered by law enforcement authorities more than four hours after the escape, it is clear that the defendant had no intention of surrendering to custody within a reasonably prompt time (see, People v. Brown, supra).

We have reviewed the defendant's remaining contentions and conclude that they are without merit. Harwood, J.P., Balletta, Lawrence and Santucci, JJ., concur.

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PEOPLE v. GITTENS
(May 11, 1992)