PEOPLE v. THOMAS


117 Misc.2d 27 (1982)

The People of the State of New York, Plaintiff, v. Jamal Thomas, Defendant.

Supreme Court, Bronx County.

December 20, 1982


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Craig Lensch of counsel), for plaintiff. Joel M. Lutwin for defendant.


JEROME L. REINSTEIN, J.

Since neither precedent nor reason requires application of the so-called merger doctrine to a kidnapping-attempted escape situation, defendant's trial motion to dismiss the three kidnapping counts of the indictment was denied. Moreover, the State's public policy should preclude its employment where, as here, three unarmed correction officers were overpowered, bound, gagged, blindfolded, punched, kicked and their very lives placed...

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