Opinion
Argued October 24, 1983
Decided November 23, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM J. BURKE, J.
Paul R. Shanahan for appellant.
Richard A. Hennessy, Jr., District Attorney ( John A. Cirando and Michael P. Marmor of counsel), for respondent.
Order affirmed for the reasons stated in that portion of the opinion by Justice JAMES H. BOOMER at the Appellate Division ( 89 A.D.2d 357) which holds that the defendant's right to counsel had not attached under the State Constitution at the time of the telephone conversation.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.