Opinion
January 24, 1986
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Dillon, P.J., Denman, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The psychiatric opinions offered by the People were not the fruits of defendant's illegally obtained confession and were based on facts gained from an independent source. They were properly received in evidence as direct proof to overcome defendant's claim of insanity, an issue on which the People bore the burden of proof beyond a reasonable doubt (see, People v Ricco, 56 N.Y.2d 320, 327). Further, the jury's implicit finding that the defendant was sane was not against the weight of the evidence. Other issues raised by defendant have been examined and found to be meritless.