People v. Leiva
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (William A. Wetzel, J), rendered May 16, 2005, convicting defendant, after a jury trial, of kidnapping in the second degree and assault in the second degree, and sentencing him to concurrent terms of 15 and 5 years, respectively, and order, same court and Justice, entered on or about August 6, 2007, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.
Defendant’s argument that the kidnapping merged with the assault is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. LoveNew York Court of Appeals · 1982
- People v. GonzalezNew York Court of Appeals · 1992
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3Cited by13 opinions
- People v. HanleyNew York Court of Appeals · 2013
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- People v. PlaceAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BarnetteAppellate Division of the Supreme Court of the State of New York · 2017
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