People v. Thomas

OPINION OF THE COURT

Jerome L. Reinstein, J.

Since neither precedent nor reason requires application of the so-called merger doctrine to a kidnapping-attempted escape situation, defendant’s trial motion to dismiss the three kidnapping counts of the indictment was denied. Moreover, the State’s public policy should preclude its employment where, as here, three unarmed correction officers were overpowered, bound, gagged, blindfolded, punched, kicked and their very lives placed in jeopardy during an unsuccessful escape attempt.

The issue arose in the foliowng context. On January 5, 1982, defendant,…