What is the test for attenuation in a civil case?

"New York", United States of America

The following excerpt is from People v. Borges, 511 N.E.2d 58, 517 N.Y.S.2d 914, 69 N.Y.2d 1031 (N.Y. 1987):

Here, although defendant argued that his consent was the direct result of the illegal arrest, the suppression court's determination was based solely on the threshold issue of voluntariness and it did not indicate specifically that it determined the issue of attenuation after consideration of the above-listed factors. While questions of attenuation generally present mixed questions of law and fact (People v. Conyers, supra), where, as here, the lower courts have applied an incorrect legal standard, an issue of law reviewable by this court is presented (People v. Morales, 65 N.Y.2d 997, 998, 494 N.Y.S.2d 95, 484 N.E.2d 124).

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