Opinion
2005-03388.
August 15, 2006.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered March 18, 2005, convicting him of unlawful imprisonment in the second degree, menacing in the second degree, criminal possession of a weapon in the fourth degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
Mark Diamond, New York, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: Prudenti, J.P., Adams, Rivera and Lifson, JJ.
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; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), 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).
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) and that the prosecutor improperly attempted to impeach the complainant ( see CPL 470.05). In any event, those contentions, as well as the defendant's remaining contentions, are without merit.