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PEOPLE v. ROBINSON

59 A.D.2d 881 (1977)

The People of the State of New York, Respondent, v. Barry Robinson, Appellant

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

November 22, 1977

Unanimously modified, on the law, to dismiss the kidnapping count, and otherwise affirmed.

Under the facts of this case, the defendant's conviction of kidnapping, second degree, cannot stand since the detention of the complainant was incidental to the commission of the crime of rape. (See People v Cassidy, 40 N.Y.2d 763; People v Toppins, 59 A.D.2d 899

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