PEOPLE v. ROSARIO

Ordered that the judgment is affirmed.

The defendant and his codefendant (see, People v DeJesus, 222 A.D.2d 449 [decided herewith]) were apprehended in the vicinity of a dumpster shortly after they committed a burglary at 575 Warren Street, Brooklyn. The two men were immediately identified at the scene by two civilian witnesses. The defendant claims that he is entitled to a new trial because the Supreme Court "allow[ed] the prosecution to use the defendants' alleged statement that they were looking in the dumpster for cans". Even assuming that this statement should have been suppressed (cf., People v Johnson, 86 A.D.2d 165, 168, affd 59 N.Y.2d 1014, 1016), it is clear that any error connected with the admission of this statement must be considered harmless (see, People v Crimmins, 36 N.Y.2d 230, 242).

We have examined the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Sullivan and Rosenblatt, JJ., concur.