What is the test for determining whether a defendant is represented by counsel when questioned by the police?

The more specific issue presented here, as limited by the majority opinion, is whether, given the uncertainty as to defendant's representational status, the police reasonably concluded that they could question defendant about the murder. It is well settled that where, as here, an ambiguity exists as to whether a defendant is represented by counsel with respect to a particular matter, the burden is on the police to ascertain whether that representation has terminated before questioning the defendant on that matter outside the presence of counsel (see People v. West, 81 N.Y.2d 370, 376, 599 N.Y.S.2d 484, 615 N.E.2d 968 [1993] ). The police inquiry here fell

short of what was necessary to honor defendant's cherished right to counsel.