McCarthy v. Hernandez · ¶15

Under New York law, however, the trial court's decision not to suppress those confessions did not prevent the defense from asking the jury to disregard them. New York law requires a trial court to instruct a jury to disregard a pretrial statement if the jury finds it to have been “involuntarily made.” N. Y. Crim. Proc. Law Ann. § 710.70(3) (West 2026). And a statement is “involuntarily made” within the meaning of this provision if it was obtained in violation of the defendant's state or federal constitutional rights, § 60.45(2)(b)(ii), or the right established in Miranda, see People v. Graham, 55 N. Y. 2d 144, 149–150, 432 N. E. 2d 790, 793 (Ct. App. 1982). The trial court accordingly instructed the jury on voluntariness, custodial interrogation, Miranda warnings, and Mi randa waiver. App. to Pet. for Cert. 73a–78a, n. 2 (App.).

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