People v. Evans

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of rape in the first degree (Penal Law § 130.35 [1]) and assault in the second degree (Penal Law § 120.05 [2]) and sentencing him as a persistent violent felony offender to concurrent terms of incarceration of 25 years to life. We reject the contention of defendant that Supreme Court erred in refusing to suppress the physical evidence seized from him. Even assuming, arguendo, that the initial stop and frisk of defendant was unlawful, we conclude that the causal connection between…