PEOPLE v. RUSSELL

Ordered that the judgment is modified, on the law, 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 is affirmed.

The defendant's conviction of unlawful imprisonment in the second degree merged with his rape and sodomy convictions under the doctrine enunciated in People v. Geaslen ( 54 N.Y.2d 510, 516-517). The proof in this case revealed that the unlawful imprisonment was incidental to the commission of the sex crimes; accordingly, the conviction of unlawful imprisonment in the second degree must be reversed (see, People v. Burgess, 107 A.D.2d 703). Lawrence, J.P., Kunzeman, Spatt and Sullivan, JJ., concur.