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.