Opinion
580
March 25, 2003.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 2, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 10 to 20 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 8 to 16 years, and otherwise affirmed.
Peter A. Sell, for respondent.
Cheryl P. Williams, for defendant-appellant.
Before: Buckley, P.J., Rosenberger, Lerner, Friedman, Gonzalez, JJ.
Defendant's suppression motion was properly denied. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761). The totality of the circumstances supports the hearing court's finding that defendant's videotaped statements were voluntarily made (see Arizona v. Fulminante, 499 U.S. 279, 285-288; People v. Anderson, 42 N.Y.2d 35, 38-39). The delay in defendant's arraignment was not excessive and did not render the confession involuntary (see People v. Ramos, 99 N.Y.2d 27, 35).
The court's charge on the jury's role in assessing the voluntariness of defendant's statements conveyed the proper standards when read as a whole and in the context of the factual issues raised at trial (see People v. Fields, 87 N.Y.2d 821).
We find the sentence excessive to the extent indicated.
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.