Opinion
June 16, 2000.
Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Rape, 1st Degree.
PRESENT: GREEN, J.P., WISNER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed. Memorandum: Supreme Court properly denied those parts of the motion of defendant seeking suppression of tangible evidence, identification evidence and the statement he made to the police after receiving Miranda warnings. Although defendant was illegally detained and the police failed to provide Miranda warnings before commencing their initial interrogation, the "connection between the lawless conduct of the police and the discovery of the challenged evidence [was] `* * * so attenuated as to dissipate the taint'" ( Wong Sun v. United States, 371 U.S. 471, 487, quoting Nardone v. United States, 308 U.S. 338, 341; see, People v. Salami, 197 A.D.2d 715, 715-716, lv denied 83 N.Y.2d 876; see also, People v. McCloud, 247 A.D.2d 409, lv denied 91 N.Y.2d 975; People v. Watson, 200 A.D.2d 643, lv denied 83 N.Y.2d 859). In any event, any error in admitting that evidence is harmless ( see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Waasdorp, 237 A.D.2d 918, 919, lv denied 89 N.Y.2d 1102).