People v. Macri

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of arson in the second degree (Penal Law § 150.15), criminal mischief in the second degree (Penal Law § 145.10) and reckless endangerment in the first degree (Penal Law § 120.25), arising out of a fire at a building containing 15 apartments.

There is no merit to the contention of defendant that his statements should have been suppressed. The record supports the determination of the suppression court that defendant was not in custody during the polygraph examination or the postexamination interview,…