Opinion
1825
October 9, 2003.
Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered October 15, 2001, convicting defendant, after a jury trial, of arson in the second degree and reckless endangerment in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 24 years and 3½ to 7 years, respectively, unanimously affirmed.
Rafael Curbelo, for respondent.
Abigail Everett, for defendant-appellant.
Before: Nardelli, J.P., Tom, Sullivan, Ellerin, Friedman, JJ.
After a thorough hearing, the court properly determined that defendant was competent to stand trial, and, as to that aspect of the appeal, we affirm for the reasons stated by Justice Phylis Skloot Bamberger.
The court properly declined to deliver a jury instruction on the voluntariness of his statement to the police, or to permit counsel to make such argument to the jury, since there was no such issue raised at trial or evidence to support such a claim (see People v. Cefaro, 23 N.Y.2d 283; People v. Taylor, 135 A.D.2d 202, 204, lv denied 71 N.Y.2d 1034).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.