Legal Opinion · Dissent

People v. Florio

New York Court of Appeals

Decided May 25, 1950Published

1DissentDesmond, J.

Bach of the four defendants has been convicted of, and each has been given separate but concurrent sentences for, crimes of kidnapping, first degree rape and second degree assault. The proof, shortly stated, was that defendants inveigled the young woman complainant into an automobile, and, against her will, transported her to a secluded place where she was beaten and where each defendant ravished her. The convictions for assault and rape were sustained by sufficient proof. However, the crime of kidnapping, within the meaning and intent of section 1250 of the Penal Law, was not here proven.

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2Cases cited9 opinions

  1. Chatwin v. United StatesSupreme Court of the United States · 1946
  2. The People v. . PlathNew York Court of Appeals · 1885
  3. People v. HopeNew York Court of Appeals · 1931
  4. People v. RosenthalNew York Court of Appeals · 1943
  5. People v. . De LeonNew York Court of Appeals · 1888

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