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PEOPLE v. LOMBARDI

20 N.Y.2d 266 (1967)

The People of the State of New York, Respondent, v. C. James Lombardi, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Irving Anolik for appellant.

Frank S. Hogan, District Attorney (Alan F. Scribner, Michael Juviler, Raymond S. Hack and Milton Stein of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS and KEATING concur with Judge BERGAN; Judge BURKE dissents and votes to affirm in an opinion in which Judges SCILEPPI and BREITEL concur.

BERGAN, J.

Defendant has been convicted of three charges of kidnapping; one of attempted rape, first degree; three charges of assault, second degree, and one charge of attempted assault, second degree. He was sentenced to 40 years to life on one of the kidnapping counts; and to lesser, concurrent terms, on the other charges.

A similarity exists between the crimes of which he has been convicted, but each...

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