People v. Ocasio

Aug 15, 2006
Reporters:
,

Ordered that the judgment is affirmed.

The defendant‘s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant‘s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The defendant failed to preserve for appellate review his claims that the “merger doctrine” operated to preclude his conviction of unlawful imprisonment in the second degree (see People v Magrigor, 281 AD2d 561, 562 [2001]) and that the prosecutor improperly attempted to impeach the complainant (see CPL 470.05 [2]). In any event, those contentions, as well as the defendant‘s remaining contentions, are without merit.

Prudenti, P.J., Adams, Rivera and Lifson, JJ., concur.