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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CAPALDO, Appellant.

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other crimes (see, People v Miles, 23 N.Y.2d 527, 540, cert denied 395 U.S. 948; People v Morales, 148 A.D.2d 325, lv withdrawn 74 N.Y.2d 794).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.

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PEOPLE v. CAPALDO
(Mar 16, 1990)