Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered February 23, 1983, convicting him of murder in the second degree and criminal possession of a weapon in the second degree (two counts), after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Feldman, J.), of defendant’s motion to suppress statements.
Judgment affirmed.
At the inception of a hearing to suppress defendant’s incriminating statements, defense counsel requested an examination of defendant, pursuant to CPL 730.30, to determine defendant’s fitness to proceed. Criminal Term did not abuse its discretion when it denied the application. "The law of this State is well settled that a defendant is not entitled, as a matter of right, to have the question of his capacity to stand trial passed upon before the commencement of the trial, if the court is satisfied from the available information that there is no proper basis for questioning the defendant’s sanity” (People
Defendant’s active participation in the brutal, seemingly unprovoked murder of a teen-age boy was proven beyond a reasonable doubt by his voluntary confession which was properly corroborated (CPL 60.50; People v Lipsky, 57 NY2d 560).
Under the circumstances, defendant’s sentence was neither unduly harsh nor excessive.
We have reviewed defendant’s other contentions and find them to be without merit. Lazer, J. P., Thompson, Rubin and Kunzeman, JJ., concur.