Opinion
Argued June 15, 1999
October 4, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.).
ORDERED that the judgment is affirmed.
Contrary to the defendant's arguments on appeal, the hearing record was sufficient to support a determination that the photograph used to identify the defendant was not the "fruit" of a prior illegal detention ( see, People v. Gethers, 86 N.Y.2d 159). Accordingly, suppression was properly denied.
RITTER, J.P., THOMPSON, FEUERSTEIN, and SMITH, JJ., concur.