People v. Pellot
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J. P.
At issue here is the current status of the merger doctrine as it relates to the crime of kidnapping in the first degree as defined in subdivision 3 of section 135.25 of the Penal Law. More specifically, we must determine whether the merger doctrine precludes such a kidnapping conviction based upon an abduction which lasted less than two minutes but resulted in the victim’s death. We conclude that the legislative history and internal structure of article 135 of the Penal Law, together with the *224purpose and rationale of the merger doctrine, render the merger…
2Cases cited28 opinions
- People v. LevyNew York Court of Appeals · 1965
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- People v. CassidyNew York Court of Appeals · 1976
- People v. LombardiNew York Court of Appeals · 1967
- People v. MilesNew York Court of Appeals · 1969
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