People v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
The primary question on this appeal is whether the merger doctrine (see, People v Gonzalez, 80 NY2d 146) precludes a conviction for attempted kidnapping when a related charge of attempted sodomy is dismissed for legal insufficiency.
On July 6,1999, at about 5:00 p.m., Angelo Camacho was sitting in his car, next to a public park adjacent to 344 East 28th Street, between First and Second Avenues, in Manhattan. The park contained a playground, consisting of a wide open courtyard with benches and tables and a fountain in the center. Between 5:00 and 6:00 p.m.,…
2Cases cited10 opinions
- People v. AcostaNew York Court of Appeals · 1993
- People v. CassidyNew York Court of Appeals · 1976
- People v. LombardiNew York Court of Appeals · 1967
- People v. GonzalezNew York Court of Appeals · 1992
- People v. CampbellNew York Court of Appeals · 1988
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3Cited by16 opinions
- State v. KitchensSupreme Court of Connecticut · 2011
- State v. WinotSupreme Court of Connecticut · 2010
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MutterperlAppellate Division of the Supreme Court of the State of New York · 2012
- State v. CasanovaSupreme Court of New Hampshire · 2013
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