Opinion
July 12, 1989
Appeal from the Erie County Court, Wolfgang, J.
Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The suppression court properly ruled that defendant's oral statements to the police were not in response to police questioning and that they were preceded by Miranda warnings. Although evidence of the station house showup should have been suppressed (see, People v Riley, 70 N.Y.2d 523, 530), the suppression court properly found that there was an independent source for the identification because the victim was able to observe the defendant for several minutes prior to the theft (see, Manson v Brathwaite, 432 U.S. 98, 110; People v Riley, supra, at 531; People v Graham, 67 A.D.2d 172, 177).