State v. P.Z.

I concur in Justice Pollock’s dissenting opinion. I write separately because I believe defendant’s confession should be inadmissible in the criminal proceedings for an additional reason.

This case involves the admissibility of a confession that resulted from a noncustodial interrogation during an ostensible Title Nine civil investigation. The trial court excluded the confession under a Sixth Amendment analysis based on defendant invoking the right to counsel. The Appellate Division excluded the confession based on the twin principles of fundamental fairness and the public policy of furthering…