1 all members of this court agree that bagley holds that a rule of reasonable probability is now to be applicable to all failures to disclose we agree that this court has previously recognized the rule of reasonable probability to be the holding of bagley people v chin 67 ny2d 22 supraand we all agree that this court has not yet chosen to adopt or reject the bagley rule in the context . In so holding the appellate court declined to follow the third districts decision in people v mckenzie 323 illapp3d 592 257 illdec 76 752 ne2d 1256 2001 upon which defendant relied the appellate panel in mckenzie had specifically overruled three third district cases people v. The court of appeals reversed the district courts denial of respondents crim p 35c motion for post conviction relief relying on this courts decision in chae v people 780 p2d 481 colo1989 the court of appeals held that the language leave this country was an illegal sentence that formed an integral part of the guilty plea. While the search and seizure provision of the state constitution is similar to the wording of the fourth amendment and supports a policy of uniformity between state and federal courts we have held that our state provision for reasons peculiar to new york is subject to its own interpretation see people v keta 79 ny2d 474 496 497 people v . Docket no no 1 16 3262 no 1 16 3264 cons acts no acts
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