Opinion
April 8, 1980
Appeal from the Onondaga County Court.
Present — Cardamone, J.P., Simons, Callahan, Doerr and Moule, JJ.
Judgment unanimously affirmed. Memorandum: While the initial police detention of the defendant lacked probable cause and was therefore illegal (Dunaway v. New York, 442 U.S. 200; People v Misuis, 47 N.Y.2d 979), his confession was not gained through the exploitation of this illegality. Instead, he made inculpatory statements only after the police, by virtue of their having obtained a statement from a codefendant which clearly implicated the defendant in these crimes, had obtained the probable cause necessary for a legal arrest (see People v. Berzups, 49 N.Y.2d 417). Since these admissions were otherwise voluntary, the defendant's motion to suppress was, therefore, properly denied. We have examined the defendant's remaining arguments on appeal and find them to be without merit.