McCarthy v. Hernandez · ¶20

In an exchange with counsel outside the presence of the jury, the trial court explained that although New York law requires a jury to disregard confessions that it finds were “involuntarily made” in the sense noted above, state law does not empower a jury to assess whether a later confession is fatally tainted by an earlier, “involuntary” confession. So the trial court did not think it proper to “instruc[t]” the jury “on attenuation” when it was “not their function” to consider that issue. Id., at 301a–302a.

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