People v. McEathron
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of kidnapping in the second degree (Penal Law § 135.20) and assault in the second degree (§ 120.05 [6]). We reject defendant’s contention that County Court erred in denying his motion for a trial order of dismissal with respect to the kidnapping charge on the ground that it violates the merger doctrine. That doctrine prohibits a conviction for kidnapping based upon acts that fall within the definition of that crime but are merely incidental to another crime (see generally People v Gonzalez, 80 NY2d 146, 151-152…
2Cases cited17 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GallowayNew York Court of Appeals · 1981
- People v. HinesNew York Court of Appeals · 2001
- People v. JohnsonNew York Court of Appeals · 1982
- People v. PayneNew York Court of Appeals · 2004
12 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- People v. StanleyAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LipfordAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
56 more not listed; retrieve them via the Exa API.