People v. Eccleston

Titone, j.,

dissents and votes to remand the case to Criminal Term for a further hearing and to hold the appeal in abeyance in the interim, with the following memorandum: In Dunaway v New York (442 US 200, 217), the United States Supreme Court held that the prosecution has the burden of proving that the illegal arrest of a defendant and any subsequent statements made by him were sufficiently attenuated, thus permitting such statements to be used at the trial because they were not the result of the illegal arrest. Among the factors to be considered in determining whether a defendant’s statement…