Opinion
April 11, 2000.
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered September 15, 1997, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of 4 to 8 years, unanimously affirmed.
Annica H. Jin, for respondent.
Lori Shellenberger, for defendant-appellant.
ROSENBERGER, J.P., WILLIAMS, TOM, MAZZARELLI, JJ.
Although defendant's warrantless home arrest violated Payton v. New York ( 455 U.S. 573), the record of the suppression hearing provides ample support for the hearing court's finding that defendant's statements and the lineup identification were sufficiently attenuated from the Payton violation (see, People v. Harris, 77 N.Y.2d 434; People v. Major, 215 A.D.2d 779, lv denied 86 N.Y.2d 797;People v. Ramos, 206 A.D.2d 260, 262-263).
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.