People v. Carey

Judgment unanimously affirmed. Memorandum: While in custody, defendant was given the Miranda warnings. When asked if he was willing to answer questions, defendant did not respond. He continued to remain silent as the investigating officer asked further questions. Several minutes later and in response to questioning, defendant denied that he set fire to his mother’s trailer or that he called his brother, and he then asked to speak with an attorney.

The court erred in refusing to suppress the statements made by defendant in response to questioning (see, People v Ferro, 63 NY2d 316, 322, cert…