
    The People of the State of New York, Respondent, v John L. Hauswirth, Appellant.
    Argued October 24, 1983;
    decided November 23, 1983
    
      APPEARANCES OF COUNSEL
    
      Paul R. Shanahan for appellant.
    
      Richard A. Hennessy, Jr., District Attorney {John A. Cirando and Michael P. Marmor of counsel), for respondent.
   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.  