PEOPLE v. FRACZAK


103 Misc.2d 388 (1980)

The People of the State of New York, Plaintiff, v. Wladyslaw Fraczak, Defendant.

Supreme Court, New York County.

March 14, 1980.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (William Eggert of counsel), for plaintiff. Abraham Gerges for defendant.


MARTIN B. STECHER, J.

The issue here is the nature of the threat of "deadly physical force" (Penal Law, § 135.00, subd 2) which will elevate an unlawful imprisonment in the second degree (Penal Law, § 135.05), a misdemeanor, to kidnapping in the second degree (Penal Law, § 135.20), a class "B" felony; whether such threat of "deadly physical force" must be capable of realization or merely be that which is reasonably perceived by the subject...

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