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People v. Armstrong

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1998
250 A.D.2d 618 (N.Y. App. Div. 1998)

Summary

holding that the merger doctrine is inapplicable where the elements of a kidnapping were completed before the acts of the underlying robbery took place and the confinement continued past the completion of the acts underlying the robbery counts,

Summary of this case from Cartagena v. Corcoran

Opinion

May 4, 1998

Appeal from the Supreme Court, Queens County (Eng, J.).


Ordered that the judgment is affirmed.

The defendant has failed to preserve her claim that the evidence adduced at trial was legally insufficient on the ground that the testimony of the complainant was incredible as a matter of law (see, People v. Torres, 219 A.D.2d 565; People v. Fields, 188 A.D.2d 612). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

Contrary to the defendant's contention, the trial court properly ruled that the counts of the indictment charging her with kidnapping in the second degree and unlawful imprisonment in the first degree did not merge with the counts of robbery of which she was found not guilty. A review of the record reveals that the complainant's abduction at gunpoint constituted the discrete crimes of kidnapping in the second degree and unlawful imprisonment in the first degree, the elements of which were completed before the acts underlying the robbery counts took place. Moreover, the confinement in this case continued past the completion of the acts underlying the robbery counts, when the defendant and her accomplice drove around aimlessly, stopping to threaten the complainant's life, hit her, choke her, and push her out on the street before driving off (see, People v. Chatin, 209 A.D.2d 536). Under the circumstances, the restraint, which lasted for approximately two hours, was not a minimal intrusion necessary and integral to the robbery scheme, and thus the merger doctrine was inapplicable.

We have considered the defendant's remaining contentions and find them to be without merit.

Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

People v. Armstrong

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1998
250 A.D.2d 618 (N.Y. App. Div. 1998)

holding that the merger doctrine is inapplicable where the elements of a kidnapping were completed before the acts of the underlying robbery took place and the confinement continued past the completion of the acts underlying the robbery counts,

Summary of this case from Cartagena v. Corcoran
Case details for

People v. Armstrong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBRA ARMSTRONG…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 4, 1998

Citations

250 A.D.2d 618 (N.Y. App. Div. 1998)
673 N.Y.S.2d 154

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