People v. Minley

Green, J. (dissenting).

I must dissent. The People cannot rely on attenuation because there was no independent source for the evidence seized and no significant intervening event which could support a conclusion that the evidence was not the product of the illegal activity (People v Rogers, 52 NY2d 527, cert denied 454 US 898). Not only was defendant coercively ordered out of his house, which was surrounded by five police cars and eight police officers, the police also continued their flagrant misconduct by falsely telling the defendant that he had been identified by one of the victims of the…