Commonwealth v. Young

Dissenting Opinion by

Me. Justice Cohen :

The majority concludes that the unconstitutionality of the confession did not primarily induce a guilty plea because this is a case where the Commonwealth had strong evidence — most importantly — an eyewitness. I think we are on thin ice in determining that the poisonous fruit (i.e., the plea of guilty) of the tree (the unconstitutional confession) was not poisonous because evidence was available which would sustain the con*150viction even if the confession were suppressed. In the companion ease of Commonwealth ex rel. Collins v. Maroney, 420 Pa. 631, 217…