also dissenting:
I join in Justice Goldenhersh’s dissent and add the following observations.
In these unique circumstances, I cannot agree that different outcomes are justified by the distinction between direct and collateral review. Although finality in the criminal process is an important virtue, it should not be achieved at the cost of sacrificing fairness or common sense. The record does not reveal the reasons why certiorari was sought by the defendant in one ease and not in the other. The defects, however, which rendered the statements inadmissible applied equally in both cases. To hold that a single set of facts on a single legal issue can result in a criminal conviction standing in one case and being reversed in another makes the law appear overly technical and may thus contribute to the mistrust and confusion with which many regard the legal process.
JUSTICE GOLDENHERSH joins in this dissent.