Opinion
March 18, 1991
Appeal from the Supreme Court, Queens County (Beerman, J.).
Ordered that the judgment is affirmed.
The defendant argues that a videotaped statement should have been suppressed as the "fruit of the poisonous tree" because it followed, by at least four hours, a statement she contends she made without benefit of adequate Miranda warnings but which was suppressed because of the People's failure to give notice pursuant to CPL 710.30. This claim, raised for the first time on appeal, is unpreserved for appellate review (see, People v Tutt, 38 N.Y.2d 1011, 1012-1013; People v Morris, 163 A.D.2d 589; People v Murriel, 134 A.D.2d 623, 624). In any event, assuming the first statement was not preceded by adequate Miranda warnings, it is clear that the defendant was given adequate Miranda warnings before she made the second videotaped statement and the definite and pronounced break between it and the first statement provided sufficient attenuation to remove any taint which could be attributable to the first statement (see, People v Ates, 157 A.D.2d 786, 787; People v Perry, 144 A.D.2d 706).
The defendant also contends that the court's discharge of a juror whose mother had died was error. We disagree. The court made a thorough inquiry with respect to the reason for the juror's absence and recited on the record its reasons for invoking the statutory authorization (see, CPL 270.35) to discharge the unavailable juror (see, People v Washington, 75 N.Y.2d 740, 741; People v Page, 72 N.Y.2d 69; People v Salley, 153 A.D.2d 704, 706).
Although certain remarks by the prosecutor may have been improper, their effect was harmless in light of the overwhelming proof of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230, 241; People v Fenner, 158 A.D.2d 538, 539; People v Rodriguez, 155 A.D.2d 627, affd 76 N.Y.2d 918). Finally, there is no basis for disturbing the defendant's sentence (see, People v Perez, 150 A.D.2d 395; People v Suitte, 90 A.D.2d 80). Kooper, J.P., Lawrence, Harwood and Balletta, JJ., concur.