In re Leroy M.

Ciparick, J. (dissenting).

Attenuation is generally a mixed question of law and fact in juvenile delinquency adjudications, *248as in criminal cases (see Matter of Daniel H., 15 NY3d 883, 884 [2010]). However, the majority holds that the consent to search in this case was so obviously untainted by the improper police entry into the home as to be “attenuated ... as a matter of law” (see majority op at 247). I disagree and respectfully dissent.

As the majority observes, in determining whether consent to search is attenuated from the illegal police entry, “consideration must be given to a variety of…