Summary
In People v Piotter (142 A.D.2d 939) the defendant forcibly restrained the victim in her bathroom for over an hour, beat her about the head and chest, and thwarted her attempt to escape.
Summary of this case from People v. GonzalezOpinion
July 7, 1988
Appeal from the Ontario County Court, Henry, J.
Present — Doerr, J.P., Denman, Boomer, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of unlawful imprisonment in the first degree, assault in the third degree and menacing for an incident involving his former girlfriend in her apartment. The evidence in the record amply supports the verdict. The complainant testified that defendant forcibly restrained her in the bathroom for over one hour, threatened her with a knife, threw her to the floor, beat her about the head and chest and thwarted her attempt to escape. She sustained multiple cuts and bruises. Thus, defendant's convictions were proper (see, People v. Rojas, 61 N.Y.2d 726, 727; People v. Fasano, 112 A.D.2d 791; Matter of Ramon M., 109 A.D.2d 882; People v Szymczak, 60 A.D.2d 663). The conviction for unlawful imprisonment did not merge with the convictions for assault and menacing because defendant's conduct underlying the imprisonment was not incidental to and inseparable from the other crimes (see, People v. Smith, 47 N.Y.2d 83, 87; People v. Brown, 112 A.D.2d 1087, 1088; cf., People v. Geaslen, 54 N.Y.2d 510, 516-517). We have considered defendant's remaining claims and find that they lack merit.