Crew III, J.P.
On this appeal defendant contends that her warrantless arrest was unlawful because it was predicated upon the unauthorized disclosure of a confidential communication (see, CPLR 4505) and that her confession made thereafter must be suppressed as the "fruit of the poisonous tree". We disagree. The "clergyman-penitent" privilege is an evidentiary rule proscribing the revelation of privileged communications at a trial when the privilege is asserted by the protected party (see, Bender, New York Evidence § 12.01 et seq.). Here, revelation of defendant's confession to the police provided probable cause for her arrest and subsequent prosecution.
Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.