People of State of New York v. Brinson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified, on the law and facts, to reverse the conviction for kidnapping, second degree, and dismiss that count of the indictment, and otherwise judgment affirmed, Simons, J., not participating. Memorandum: Defendant was convicted of robbery of an automobile, first degree, kidnapping, second degree, of an occupant thereof, Grant Walcott, and criminal possession of a weapon, second degree. He contends that (1) as a matter of law he was not guilty of kidnapping, (2) the court erred in refusing to charge unauthorized use of a vehicle as a lesser included crime of robbery,…
2Cases cited13 opinions
- People v. CassidyNew York Court of Appeals · 1976
- People v. MilesNew York Court of Appeals · 1969
- People v. AsanNew York Court of Appeals · 1968
- People v. KirnonAppellate Division of the Supreme Court of the State of New York · 1972
- People v. KirnonNew York Court of Appeals · 1972
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3Cited by6 opinions
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- People v. TillmanAppellate Division of the Supreme Court of the State of New York · 1979
- Joseph Fournier v. Eugene S. Lefevre, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1984
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