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PEOPLE v. DODT

61 N.Y.2d 408 (1984)

The People of the State of New York, Respondent, v. Richard Dodt, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1984.

Attorney(s) appearing for the Case

Peter R. Porco for appellant.

Sol Greenberg, District Attorney (F. Patrick Jeffers of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.

MEYER, J.

Proof in a kidnapping prosecution that defendant threatened the use of a gun is sufficient to establish abduction by the threatened use of deadly physical force, even though there is no evidence that in fact he possessed an operable firearm. There must, nevertheless, be a reversal and a new trial. The lineup identification that followed immediately after defendant...

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