People v. Boston (247 A.D.2d 485, 1998)

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered September 11, 1996, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the police had probable cause to arrest him before he was identified by the complainant (see, People v Bigelow, 66 NY2d 417, 423; People v Blount, 143 AD2d 924; People v King, 184 AD2d 660). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. 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 (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit.

Mangano, P. J., Joy, Altman and Luciano, JJ., concur.