PEOPLE v. CASSIDY


40 N.Y.2d 763 (1976)

The People of the State of New York, Respondent-Appellant, v. Frank Cassidy, Appellant-Respondent. The People of the State of New York, Appellant, v. Ricky Usher, Respondent. The People of the State of New York, Appellant, v. Thomas Dolan, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1976.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Barbara L. Linzer of counsel), Brooklyn, for respondent-appellant in the first above-entitled action.

Gerald L. Shargel and John W. Mitchell, New York City, for appellant-respondent in the first above-entitled action.

Eugene Gold, District Attorney (Laurie Stein Hershey of counsel), Brooklyn, for appellant in the second above-entitled action.

William A. Gogel, Brooklyn, for respondent in the second above-entitled action.

Eugene Gold, District Attorney (Robert M. Levine of counsel), Brooklyn, for appellant in the third above-entitled action.

Joel S. Ezra, New York City, for respondent in the third above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

In People v Levy (15 N.Y.2d 159, cert den 381 U.S. 938) we held that an abduction in connection with the commission of a robbery would not in all circumstances support a separate charge for kidnapping.* The issue now before us is whether that so-called merger doctrine survived the 1967 Revision of the Penal Law with respect to kidnapping...

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