In People v. Harris, 77 N.Y.2d 434 (1991) the Court of Appeals, on remand from the United States Supreme Court, held that the New York State Constitution required suppression of statements obtained from an accused following a Payton violation unless the taint resulting from the violation had been attenuated. The illegality in Harris was the failure of the police to obtain an arrest warrant before arresting the defendant inside his apartment. Since a warrant was required the police could not question the defendant in the absence of counsel. The interplay of New York's right to counsel law and the State's search and seizure provisions compelled suppression since the court found insufficient evidence of attenuation.