People v. Farruggia

*777OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed.

Taping conversations between a defendant not in custody and an accomplice-informant involves no violation of defendant’s right to counsel even though the police are aware that defendant has counsel on a prior unrelated charge (People v Hauswirth, 60 NY2d 904; see People v Ferrara, 54 NY2d 498). In view of the statements of each defendant during the taped conversations there is, moreover, no question that there was before the jury sufficient evidence “tending to connect the defendant with the commission of…