Opinion
October 22, 1984
Appeal from the Supreme Court, Westchester County (Reilly, J.).
Judgment affirmed.
The evidence overwhelmingly supported defendant's conviction on the burglary count. Defendant and his codefendant were sighted by a police officer in the immediate vicinity of the burglary, only minutes after the burglary was discovered, and were found to be in possession of the stolen property. The flight by defendant and codefendant from the police officer evidences consciousness of guilt. Since these facts are inconsistent with defendant's innocence, the jury could have concluded that the evidence excluded to a moral certainty every other reasonable hypothesis ( People v Barnes, 50 N.Y.2d 375, 380).
We have considered defendant's other contentions and find them to be without merit. Mollen, P.J., Lazer, Gibbons and Brown, JJ., concur.