AD4 order dated September 26, 2014, modifying a judgment of conviction. Decision below: 120 AD3d 1531, 993 NYS2d 200. Pigott, J., granted leave April 23, 2015.

ISSUES PRESENTED: (1) Whether the People should have been precluded from cross-examining defendant with statements taken after he had invoked Miranda, where the police deliberately kept interrogating him to gain impeachment material. (2) Whether the photo identification was rendered suggestive by the inclusion of defendant’s photograph in successive arrays.