People v. Usher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtShapiro, J.
The defendant was indicted for the crimes of robbery in the first degree, robbery in the second degree, grand larceny in the third degree and kidnapping, in the second degree. After a jury trial, he was acquitted of the robbery and larceny charges and convicted of the kidnapping charge. On this appeal he contends that, as a matter of law, the conviction cannot stand. We agree and therefore reverse the judgment of conviction and dismiss the kidnapping count.
THE ISSUE
May a defendant be convicted of kidnapping in the second degree (Penal Law, § 135.20) when the kidnapping was merely incidental…
2Cases cited10 opinions
- People v. LevyNew York Court of Appeals · 1965
- People v. LombardiNew York Court of Appeals · 1967
- People v. MilesNew York Court of Appeals · 1969
- People v. FlorioNew York Court of Appeals · 1950
- People v. RadunovicNew York Court of Appeals · 1967
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3Cited by20 opinions
- People v. GonzalezNew York Court of Appeals · 1992
- People v. SalimiAppellate Division of the Supreme Court of the State of New York · 1990
- People v. PellotAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2002
- People v. FraserAppellate Division of the Supreme Court of the State of New York · 1976
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