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People v. Mabery

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1976
51 A.D.2d 557 (N.Y. App. Div. 1976)

Opinion

January 19, 1976


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 21, 1974, convicting him of robbery in the first degree, kidnapping in the second degree, and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of kidnapping in the second degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. In our view, the detention of the victim was incidental to the commission of the crimes of robbery in the first degree and grand larceny in the third degree; accordingly the conviction must be reversed as to the kidnapping count and that count must be dismissed (People v Lombardi, 20 N.Y.2d 266; People v Levy, 15 N.Y.2d 159; People v Watts, 48 A.D.2d 863; People v Usher, 49 A.D.2d 499). Rabin, Acting P.J., Hopkins, Latham, Margett and Christ, JJ., concur.


Summaries of

People v. Mabery

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1976
51 A.D.2d 557 (N.Y. App. Div. 1976)
Case details for

People v. Mabery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED A. MABERY…

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

Date published: Jan 19, 1976

Citations

51 A.D.2d 557 (N.Y. App. Div. 1976)

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