¶1(concurring). The first time this case was before the Court, I concurred in the suppression of defendant’s statement on constraint of People v Conyers (68 NY2d 982), but I argued that under the Fourth Amendment Brown v Illinois (422 US 590) attenuation principles were not applicable and that, accordingly, suppression was not required (72 NY2d 614, 625-630 [Titone, J., concurring]). Now that the United State Supreme Court has held that the United States Constitution does not, in fact, compel suppression (495 US —, 110 S Ct 1640) and the Court is urged to consider the issues under the New York State Constitution, I concur wholeheartedly in my colleagues’ conclusion that the special New York right to counsel rules provide sound support for a departure from Federal precedent and justify applying our own State attenuation analysis in cases involving Payton violations (Pay-ton v New York, 445 US 573).
77 N.Y.2d 434
People v. Harris
Decided February 12, 1991
New York Court of Appeals · decided 1991-02-12
Good law ✅— No negative treatment on recordhow we know
Decided 1991-02-12
How this case has been cited
Cited by 23 later decisions — most recently February 2016
4 federal appellate · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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