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People v. St. Louis

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1990
161 A.D.2d 739 (N.Y. App. Div. 1990)

Opinion

May 21, 1990

Appeal from the County Court, Rockland County (Meehan, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that Rockland County lacked geographical jurisdiction to prosecute the crimes of kidnapping in the second degree, assault in the second degree, and criminal possession of a weapon in the second degree (see, CPL 470.05). In any event, the victim's testimony established that he was abducted in Rockland County, driven to Kings County, and then driven back to Rockland County. Since the jury could have found from this evidence that conduct occurred within Rockland County sufficient to establish an element of those crimes, jurisdiction in Rockland County was proper (see, CPL 20.40 [a]; see also, CPL 20.40 [g]).

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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).

We reject the defendant's contention that his convictions for kidnapping and unlawful imprisonment merged with the crimes of assault and menacing (see, People v. Smith, 47 N.Y.2d 83).

Finally, the defendant's remaining contentions, including his claim that the sentence imposed was excessive, are without merit (see, People v. Suitte, 90 A.D.2d 80). Kooper, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. St. Louis

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1990
161 A.D.2d 739 (N.Y. App. Div. 1990)
Case details for

People v. St. Louis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIE ST. LOUIS…

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

Date published: May 21, 1990

Citations

161 A.D.2d 739 (N.Y. App. Div. 1990)

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