State v. Alexander

Defendant appeals from a judgment of conviction, based on a jury verdict, of attempted kidnapping. He contends: (1) the court erroneously denied a request to instruct on the lesser-included offense of unlawful restraint in the second degree; (2) the evidence was insufficient to establish the element of intent; and (3) the evidence was insufficient to establish the requisite element of restraint. We agree with defendant’s first claim of error, and accordingly, we reverse.

The record evidence disclosed the following. The complainant worked at a manufacturing plant in Middlebury. On the date in…