People v. Nunez

Casey, J. (dissenting).

The undisputed evidence establishes, in my view, that defendant’s statements were the product of police interrogation or its functional equivalent and that they were not preceded by defendant’s knowing and voluntary waiver of his right to remain silent or his right to counsel. The statements should, therefore, be suppressed and, accordingly, I respectfully dissent.

*73There is no evidence in the record to support the majority’s conclusion that the "dialogue” between defendant and Officer William Ward was not the result of any police conduct which reasonably should have been…