Opinion
May 31, 1996
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Supreme Court properly denied the motion of defendant to suppress his statements to the police and the physical evidence seized as a result of those statements. "[E]ven assuming, arguendo, that the police deliberately failed to obtain an arrest warrant before speaking to defendant in order to avoid the attachment of defendant's right to counsel, that failure would not require suppression of defendant's statement" ( People v. Dyson, 221 A.D.2d 1004, 1005, citing People v. Caviano, 194 A.D.2d 429, 431, lv denied 82 N.Y.2d 892, 83 N.Y.2d 803).