Ordered that the appeal from the judgment rendered April 30, 1987 is dismissed as abandoned; and it is further,
Ordered that the judgment rendered November 21, 1983 is modified, as a matter of discretion in the interest of justice, by reversing the conviction of unlawful imprisonment in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment rendered November 21, 1983 is affirmed.
The proof in this case indicated that the unlawful imprisonment was incidental to the commission of the rape "and thus merged with the rape" conviction (People v Bailey, 133 A.D.2d 462, 463). Accordingly, under the merger doctrine, dismissal of the unlawful imprisonment charge is warranted (see, People v Geaslen, 54 N.Y.2d 510, 517; People v Bailey, supra).
We have reviewed the defendant's remaining arguments and find them to be either unpreserved for appellate review or without merit (see, CPL 470.05; People v Draksin, 145 A.D.2d 500; People v Ricigliano, 138 A.D.2d 751; People v Suitte, 90 A.D.2d 80). Mangano, J.P., Thompson, Spatt and Rosenblatt, JJ., concur.