¶1concurs in the result, with the following memorandum: I agree that the merger doctrine bars the defendant’s conviction for kidnapping. In this case, unlike in People v Gonzalez (171 AD2d 127), there was no evidence from which the jury could conclude that the kidnapping was a crime separate from that of the attempted rape.
181 A.D.2d 914
People v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1992
Appellate Division of the Supreme Court of the State of New York · decided 1992-03-30
Decided 1992-03-30