Opinion
October 7, 1992
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Denman, P.J., Boomer, Balio, Lawton and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: From our review of the evidence, we conclude that defendant's conviction of unlawful imprisonment in the second degree and assault in the third degree was supported by legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Because defendant failed to assert before the trial court that his conviction of unlawful imprisonment in the second degree was barred by the merger doctrine, that claim has not been preserved for our review (see, People v Salimi, 159 A.D.2d 658, lv denied 76 N.Y.2d 742; People v Udzinski, 146 A.D.2d 245, 250, lv denied 74 N.Y.2d 853; People v Wilsey, 99 A.D.2d 877).
We have reviewed defendant's remaining contentions and find them to be without merit.