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People v. Capaldo

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 935 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Monroe County Court, Connell, J.

Present — Dillon, P.J., Boomer, Green, Pine and Balio, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from convictions for kidnapping and related crimes defendant raises several issues, some unpreserved and none requiring reversal. The convictions were supported by the weight of the evidence based upon the testimony of the victim and eyewitnesses to the abductions (see, People v Bleakley, 69 N.Y.2d 490, 495). The court's rulings on defendant's motions during and after trial were proper in all respects. The kidnapping charges did not merge into the other crimes (see, People v Miles, 23 N.Y.2d 527, 540, cert denied 395 U.S. 948; People v Morales, 148 A.D.2d 325, lv withdrawn 74 N.Y.2d 794). On this record defendant's sentence is not excessive. We have considered defendant's remaining claims and find each one lacking in merit.


Summaries of

People v. Capaldo

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 935 (N.Y. App. Div. 1990)
Case details for

People v. Capaldo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CAPALDO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 16, 1990

Citations

159 A.D.2d 935 (N.Y. App. Div. 1990)
553 N.Y.S.2d 270