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PEOPLE v. VELEZ

206 A.D.2d 258 (1994)

614 N.Y.S.2d 504

The People of the State of New York, Respondent, v. Ricardo Velez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 7, 1994

Defendant's argument that the merger doctrine compels dismissal of his convictions for kidnapping in the first degree and felony murder based upon kidnapping is unpreserved (CPL 470.05 [2]), and we decline to review it in the interest of justice. In any event, the merger doctrine is inapplicable to a first degree kidnapping conviction under Penal Law § 135.25 (3) (People v Pellot, 105 A.D.2d 223

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