Judgment affirmed.
The record of the hearing is devoid of any evidence that defendant was represented by an attorney, in connection with this or any other matter, on either January 6, 1978, when he submitted to a polygraph test, or January 23, 1979, when he was arrested. Since, at the time of questioning, formal criminal proceedings had not yet been commenced and defendant was not, in fact, represented by an attorney, defendant's waiver of his right to counsel outside the presence of an attorney was valid (People v Rosa, 65 N.Y.2d 380; People v Mann, 60 N.Y.2d 792, 794; People v Kazmarick, 52 N.Y.2d 322, 328-329). Defendant's remaining contentions have been reviewed and are without merit. Mollen, P.J., Lazer, Mangano and Brown, JJ., concur.