OPINION OF THE COURT
Order affirmed for the reasons stated in that portion of the opinion by Justice James H. Boomer at the Appellate Division (89 AD2d 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.