PEOPLE v. OCASIO

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 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).

The defendant failed to preserve for appellate review his claims that the "merger doctrine" operated to preclude his conviction of unlawful imprisonment in the second degree ( see People v Magrigor, 281 AD2d 561, 562) and that the prosecutor improperly attempted to impeach the complainant ( see CPL 470.05). In any event, those contentions, as well as the defendant's remaining contentions, are without merit.