People v. Holland

Chief Judge Lippman (dissenting).

If the Appellate Division, in reversing the motion court’s grant of suppression, had performed an attenuation analysis and consequently concluded that defendant’s act of physically contacting a police officer was not in fact directly attributable and proportionately responsive to the preceding official illegality, I would agree that the appeal should be dismissed since it would then present an inquiry turning in essential part on factual findings by the Appellate Division unreviewable by this Court (see CPL 450.90 [2] [a]). The Appellate Division, however,…