Opinion
December 14, 1984
Appeal from the Wayne County Court, Stiles, J.
Present — Dillon, P.J., Hancock, Jr., Denman, Boomer and O'Donnell, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from his conviction on a plea of guilty to three counts of arson, third degree, defendant claims that the hearing court erred in holding admissible his uncounseled, noncustodial confession made while he was represented by counsel with respect to an unrelated criminal investigation. We disagree. Our court has previously declined to extend the right to counsel to preclude noncustodial questioning by police of a suspect who the police know is represented by counsel on an unrelated criminal matter (see People v Hauswirth, 89 A.D.2d 357, affd 60 N.Y.2d 904, distinguishing People v. Bartolomeo, 53 N.Y.2d 225, where the questioning on unrelated matters was custodial; and People v. Skinner, 52 N.Y.2d 24, where the noncustodial questioning concerned the identical matter on which defendant had legal representation). We have examined the other points raised on appeal and find them to be without merit.