In People v. Pepper (53 NY2d 213 [1981]) the Court of Appeals adopted the rule articulated by the United States Supreme Court in Linkletter v. Walker (381 US 618 [1965]), as its rule to be applied to determine the retroactivity of newly announced rules of New York law, including not only those emanating from New York's constitution, but also from its statutory and common law. Under the Pepper rubric, should the court determine, as a threshold matter, that the rule in question is a "new" rule, the court must examine three factors: the purpose of the new rule; the reliance of law enforcement agencies on the old rule; and the effect of the new rule on the administration of justice. (People v. Pepper, 53 NY2d at 220.)