State v. Cruz-Pena

SUSSWEIN, J.S.C. (temporarily assigned).

*490*516This case arises from a violent criminal episode during which defendant Juan Cruz-Pena subjected his victim to four to five hours of uninterrupted sexual abuse. Defendant was acquitted at trial of the most serious sexual offense with which he was charged - first-degree aggravated sexual assault - but was found guilty of first-degree kidnapping, third-degree aggravated criminal sexual contact, and third-degree aggravated assault. He appeals only from his kidnapping conviction, claiming that the victim's confinement was merely incidental to the…