People v. Levy
| Decision Date | 05 December 1963 |
| Parties | The PEOPLE of the State of New York, Respondent, v. David LEVY, Patrick Maloney and Louis D'Antonio, Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
R. S. Hack, New York City, for respondent.
J. B. Kilsheimer H, J. K. Meneilly, M. F. Mayer, New York City, for defendants-appellants.
Before BREITEL, J. P., and RABIN, McNALLY, EAGER and STEUER, JJ.
Judgments of conviction convicting the defendants of the crimes of kidnapping, robbery in the first degree, and criminal possession of a pistol, unanimously affirmed. In the circumstances of this case the assignments of error do not warrant a reversal of the judgments appealed from. While there were errors made during the course of this four week trial they are not of such nature, either separately or collectively, as to affect the substantial rights of the defendants (Code of Criminal Procedure, § 542). One of the alleged errors which merits some discussion is the trial court's failure to charge, as requested, that 'if the jury finds that the detention * * * was for a short period incidental to the crime of robbery, and occurring during the immediate act of commission of such crime, then such detention will not form a basis for the crime of kidnapping * * *.' While this requested charge is a correct statement of the applicable law (People v. Florio, 301 N.Y. 46, 92 N.E.2d 881), the failure to so charge in the light of the facts of this case was not error. It appears that the detention of the complaining witnesses extended over a period of some twenty minutes and that the acts of 'robbery' were of relatively short duration. Indeed, the victims were kept in custody beyond the time necessary for the completion of the robbery and driven about until the defendants were ready to take them to a location prearranged by those participating in the robbery. There was thus no need to charge as requested, as the premise for such a charge--a short period of detention during the immediate acts of a robbery--may not be found in this record. No such charge was given in the case of People v. Florio, supra, where the court held that the record did not support a finding that the detention was only incidental to the commission of the underlying felony. In that case, despite such omission to charge, the judgments of conviction were affirmed.
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UNITED STATES EX REL. D'ANTONIO v. Follette
...to the robbery. People v. Levy, 15 N.Y.2d 159, 256 N.Y. S.2d 793, 204 N.E.2d 842 (1965), aff'g in part, rev'g in part 20 A.D.2d 518, 244 N.Y.S.2d 497 (1st Dep't 1963). The Supreme Court denied certiorari. Levy v. New York, 381 U.S. 938, 85 S.Ct. 1770, 14 L.Ed.2d 701 (1965); D'Antonio v. New......
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United States v. McMann, 375-376
...in the New York Supreme Court of kidnapping, robbery and possession of a pistol. The Appellate Division affirmed. People v. Levy, 20 A.D.2d 518, 244 N.Y.S.2d 497 (1963). The Court of Appeals modified the judgment by reversing the kidnapping conviction but affirming the other counts. People ......
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...robbery in the first degree, and of criminally possessing a pistol. The Appellate Division unanimously affirmed the judgments (20 A.D.2d 518, 244 N.Y.S.2d 497). The Court of Appeals affirmed the robbery and criminal possession of a pistol convictions, but reversed each kidnapping conviction......
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People v. Levy
...Appellants. Court of Appeals of New York. April 15, 1965. Appeal from Supreme Court, Appellate Division, First Department, 20 A.D.2d 518, 244 N.Y.S.2d 497. Three defendants were convicted of kidnapping, first degree robbery, and criminal possession of a The Supreme Court, Special and Trial ......