People v. Ferro

Lazer, J. P.

(dissenting). The principal issue is whether the police action of placing the stolen furs in front of defendant’s cell constituted the functional equivalent of interrogation. My colleagues conclude that the defendant’s response on seeing the furs was not evoked by such interrogation. My disagreement stems from the fact that the defendant previously had invoked the right to remain silent; therefore — without reaching any issue as to the right to resume questioning — the failure to afford the Miranda warnings before the furs were placed requires suppression of the defendant’s…