
    The People of the State of New York, Appellant, v Allen Howard, Respondent.
    Argued June 7, 1979;
    decided July 9, 1979
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney (Robert M. Pitler and Donna Krone of counsel), for appellant.
    
      Bernard V. Kleinman for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion of Presiding Justice Francis T. Murphy, Jr., at the Appellate Division (62 AD2d 179), with one caveat. In this case the statements of Detective Capers which precipitated defendant’s incriminating response dealt expressly with subject matter directly related to the criminal offense with which defendant was charged. We do not determine what would have been the disposition had this not been so.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Fuchsberg, J., taking no part.  