People v Vazquez (Joseph)

[*1] People v Vazquez (Joseph) 2010 NY Slip Op 51295(U) [28 Misc 3d 132(A)] Decided on July 21, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 21, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570054/07.

The People of the State of New York, Respondent,

against

Joseph Vazquez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered March 3, 2006, convicting him, after a nonjury trial, of two counts of unlawful imprisonment, and imposing sentence.

Per Curiam.

Judgment of conviction (Anthony J. Ferrara, J.), rendered March 3, 2006, affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's determinations concerning credibility. Defendant's present contention that the merger doctrine (see People v Cassidy, 40 NY2d 763 [1976]) precluded the convictions for unlawful imprisonment is unpreserved and we decline to consider it in the interest of justice. In any event, that contention is without merit, since the detentions and underlying crimes were discrete (see People v Cruz, 296 AD2d 22, 26 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: July 21, 2010