The following excerpt is from People v. Payton, 380 N.E.2d 224, 408 N.Y.S.2d 395, 45 N.Y.2d 300 (N.Y. 1978):
Though hardly universally accepted (see Fitzpatrick v. New York, 414 U.S. 1050, 94 S.Ct. 554, 38 L.Ed.2d 338 (White, J., dissenting from denial of certiorari)), the "inevitable discovery" exception to the exclusionary rule commended itself to those with whom it originally won favor largely because conceptually it was to apply in factual contexts which, in spirit, if not in dictionary definition, bespoke "inevitability". Thus, while I appreciate the majority's reluctance to continue a commitment to a definition which calls for the certitude, if not predestination, connoted by a literal reading of the word "inevitable", it seems to me that the shift the majority today makes to one which talks only in terms of a Degree of "probability" undermines its validity.
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