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PEOPLE v. KOSLOW

6 A.D.2d 713 (1958)

The People of the State of New York, Respondent, v. Jack Koslow, Appellant The People of the State of New York, Respondent, v. Melvin Mittman, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 19, 1958

Judgment reversed on the law and the facts and a new trial ordered.

In our opinion, the People's proof was insufficient to establish the commission of, or the attempt to commit, the underlying felony of kidnapping. The evidence failed to present an adequate showing of detention or concealment of the alleged victim "against his will", indispensable elements in the crime of kidnapping (Penal Law, § 1250; 51 C. J. S., Kidnapping...

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