Opinion
April 26, 1993
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment and the order are affirmed.
The defendant and his codefendant (see, People v Anderson, 192 A.D.2d 714 [decided herewith]) were caught in the act of burglarizing a residence on Staten Island. There was unquestionably probable cause to arrest both men, in light of all the proof adduced at the hearing, including the evidence relating to (1) the information furnished to the investigating officers by a civilian witness, who had recently seen the two men enter the backyard of the premises in question, (2) the signs of forced entry observed by the officers, and (3) the unsuccessful attempt made by the two men to flee immediately upon their having become aware of the presence of the officers (see generally, People v Nelson, 179 A.D.2d 784; People v Kelland, 171 A.D.2d 885).
The defendant's post-judgment motion was properly denied. The arguments raised therein were either matters of record (CPL 440.10 [b]; 440.30 [2]) or were rebutted by unquestionable documentary proof (CPL 440.30 [c]).
We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Eiber, Ritter and Santucci, JJ., concur.