People v. Dolan

Decision Date26 January 1976
Citation51 A.D.2d 589,379 N.Y.S.2d 375
CourtNew York Supreme Court — Appellate Division
PartiesThe PEOPLE, etc., Respondent, v. Thomas DOLAN, Appellant.

Joel S. Ezra, New York City, for appellant.

Eugene Gold, Dist. Atty., Brooklyn (Helman R. Brook, Brooklyn, of counsel; Robert M. Levine, New York City, on the brief), for respondent.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 21, 1975, convicting him of kidnapping in the second degree and menacing, after a nonjury trial, and imposing sentence. Judgment modified, on the law, by reversing the conviction and sentence for kidnapping in the second degree, and the said count is dismissed. As so modified, judgment affirmed (People v. Lombardi, 20 N.Y.2d 266, 282 N.Y.S.2d 519, 229 N.E.2d 206; People v. Levy, 15 N.Y.2d 159, 256 N.Y.S.2d 793, 204 N.E.2d 842; People v. Watts, 48 A.D.2d 863, 368 N.Y.S.2d 582; People v. Usher, 49 A.D.2d 499, 375 N.Y.S.2d 881 (2d Dept., dec. Dec. 1, 1975); People v. Cassidy, 50 A.D.2d 803, 375 N.Y.S.2d 403 (2d Dept., dec. Dec. 1, 1975)).

SAMUEL RABIN, Acting P.J., and HOPKINS, LATHAM, MARGETT and CHRIST, JJ., concur.

To continue reading

Request your trial
3 cases
  • People v. Gonzalez
    • United States
    • New York Supreme Court — Appellate Division
    • September 30, 1991
    ...of proof (see, People v. Burgess, 107 A.D.2d 703, 484 N.Y.S.2d 58; People v. White, 88 A.D.2d 940, 450 N.Y.S.2d 866; People v. Dolan, 51 A.D.2d 589, 379 N.Y.S.2d 375, affd. 40 N.Y.2d 763, 390 N.Y.S.2d 45, 358 N.E.2d 870). N.E.2d 688] [cert. denied 395 U.S. 948, 89 S.Ct. 2028, 23 L.Ed.2d 467......
  • People v. Pellot
    • United States
    • New York Supreme Court — Appellate Division
    • December 31, 1984
    ...and confinement would have subjected them to merger (see, e.g., People v. White, 88 A.D.2d 940, 450 N.Y.S.2d 866; People v. Dolan, 51 A.D.2d 589, 379 N.Y.S.2d 375, affd. 40 N.Y.2d 763, 390 N.Y.S.2d 45, 358 N.E.2d 870). In short, if it is applicable, the merger doctrine operates by transform......
  • People v. Ghee
    • United States
    • New York Supreme Court — Appellate Division
    • June 28, 1976
    ...since the evidence showed that any detention of the victim was incidental to the commission of the other crimes (see People v. Dolan, 51 A.D.2d 589, 379 N.Y.S.2d 375; People v. Cassidy, 50 A.D.2d 803, 375 N.Y.S.2d 403; People v. Usher, 49 A.D.2d 499, 375 N.Y.S.2d 881; People v. Watts, 48 A.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT