Opinion
04-21-2016
The PEOPLE of the State of New York, Respondent, v. Kirkland SMITH, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Samuel J. Mendez of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Samuel J. Mendez of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered December 9, 2011, convicting defendant, after a nonjury trial, of two counts of kidnapping in the second degree, and sentencing him to concurrent terms of nine years, unanimously affirmed.
Defendant's argument that the kidnapping charges merged with the assault and harassment charges is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. Here, the six-hour restraint of two women was far more extensive and egregious than necessary to accomplish the other offenses (see People v. Gonzalez, 80 N.Y.2d 146, 153, 589 N.Y.S.2d 833, 603 N.E.2d 938 [1992]; People v. Leiva, 59 A.D.3d 161, 161, 872 N.Y.S.2d 448 [1st Dept.2009] lv. denied 12 N.Y.3d 818, 881 N.Y.S.2d 26, 908 N.E.2d 934 [2009] ).
We perceive no basis for reducing the sentence.
TOM, J.P., ACOSTA, RICHTER, MANZANET–DANIELS, GESMER, JJ., concur.