Legal Opinion · Concurrence

People v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided March 30, 1992Published

1ConcurrenceRosenblatt, J.

I agree that the merger doctrine bars the defendant’s conviction for kidnapping. In this case, unlike in People v Gonzalez (171 AD2d 127), there was no evidence from which the jury could conclude that the kidnapping was a crime separate from that of the attempted rape.

2Cases cited1 opinion

  1. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1991