Legal Opinion · Dissent

People v. Leonard

New York Court of Appeals

Decided May 31, 2012Published

1Dissent

Jones, J. (dissenting).

Because I disagree with the majority’s holding that the instant defendant’s conviction for kidnapping in the second degree was supported by legally sufficient evidence, I respectfully dissent. Here, the People failed to adduce such evidence to prove all the elements of kidnapping in the second degree. Moreover, in reaching their holding, the majority has taken defendant’s threatened use of force, which amounts to endangering the welfare of a child, an offense for which defendant was prosecuted and convicted, and contrived a scenario whereby an individual whose actions…

2Cases cited8 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. WilliamsNew York Court of Appeals · 1994
  5. People v. SantiNew York Court of Appeals · 2004

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