People v Rojas

People v Rojas 2006 NY Slip Op 09023 [34 AD3d 850] November 28, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

The People of the State of New York, Respondent,
v
Joel Rojas, Appellant.

—[*1]

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered September 18, 2003, convicting him of kidnapping in the first degree and criminal impersonation in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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. On the issue of identity, the victim testified that the defendant was one of his kidnappers, and forensic evidence linked the defendant to the crime. 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are without merit. Schmidt, J.P., Adams, Santucci and Lifson, JJ., concur.