Opinion
April 26, 1990
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
Contrary to defendant's contentions, the hearing court correctly denied defendant's motion to suppress statements. Police officers entered defendant's apartment after learning that the kidnapping victim was probably being held there. Once inside the apartment, they found the victim's body. A police officer picked up a camera in defendant's presence, and defendant stated that it belonged to her. The police officer's action in picking up the camera was not the "functional equivalent of interrogation". (See, People v. Huffman, 61 N.Y.2d 795.) There is no evidence that the officer's action was intended to evoke a response from defendant, or that he reasonably should have expected appellant to respond as she did. (People v. Huffman, supra; People v. Jamison, 73 A.D.2d 853.)
Furthermore, there is no basis for suppressing defendant's statements at the precinct as she waived her Miranda rights before agreeing to be interviewed. Once defendant invoked her right to remain silent, all police questioning ceased. (See, People v. Cunningham, 49 N.Y.2d 203, 205.)
Finally, defendant's argument that the plea allocution was insufficient must also fail. Defendant's argument is not preserved for appellate review, since she never moved to withdraw her plea prior to sentence or to vacate the judgment on these grounds. (People v. Lopez, 71 N.Y.2d 662.) In any event, a review of the plea minutes reveals that defendant's plea was knowingly and voluntarily given, and that she understood both the consequences of her plea and the waiver of rights which accompanied it. (People v. Harris, 61 N.Y.2d 9.) Defendant's further argument, that her factual admissions were insufficient to support a conviction for felony murder, is both unpreserved and without merit. (People v. Lopez, supra.)
Concur — Sullivan, J.P., Milonas, Kassal, Wallach and Smith, JJ.