PEOPLE v. JOHNSTON

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; People v. Coward, 100 A.D.2d 628) while in immediate flight from that building (see, Penal Law § 140.30; People v. Gladman, 41 N.Y.2d 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).

The evidence at the hearing clearly showed that the police had probable cause to arrest the defendant (People v. Scruggs, 90 A.D.2d 520, 521; cf., People v. Moore, 62 A.D.2d 155, 159-160 [Silverman, J., dissenting], revd 47 N.Y.2d 911, on dissenting opn of Justice Silverman at App. Div.), and was conducted within a reasonable period of time (see, People v. Veal, 106 A.D.2d 418; People v. Brnja, 70 A.D.2d 17, affd 50 N.Y.2d 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.