People v. Wachtel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The People concede that the defendant’s conviction for kidnapping in the second degree must be reversed, the sentence imposed thereon vacated, and that count dismissed, as that crime merged into the crime of attempted murder in the second degree (see, People v Geaslen, 54 NY2d 510; People v Cassidy, 40 NY2d 763). The People also concede that the sentence imposed upon the conviction for criminal possession of a weapon in the second degree may not run consecutively to the other sentences imposed (see, Penal Law § 70.25 [2]; People v Terry, 104 AD2d 572). The remaining sentences should be made…
2Cases cited4 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- People v. CassidyNew York Court of Appeals · 1976
- People v. GeaslenNew York Court of Appeals · 1981
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by13 opinions
- People v. MajorAppellate Division of the Supreme Court of the State of New York · 1988
- People v. AbdullahAppellate Division of the Supreme Court of the State of New York · 1990
- People v. DominquezAppellate Division of the Supreme Court of the State of New York · 1988
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 1992
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