People v. Jamison

Bloom and Silverman, JJ.,

dissent in a memorandum by Silverman, J., as follows: I would affirm the judgment appealed from. As the majority states, at the end of the Miranda warnings, the police officer asked: "Now that I have advised you of the rights, are you willing to answer the questions without an attorney present?” I do not agree that this question constituted interrogation which made the defendant’s ensuing monologue other than "voluntary and spontaneous”. This question did not ask any facts as to the crime. It was merely an integral part of the Miranda procedures which require both…