PEOPLE v. MELENDEZ


141 Misc.2d 453 (1988)

The People of the State of New York, Plaintiff, v. Santos Melendez, Defendant.

Criminal Court of the City of New York, New York County.

September 23, 1988


Attorney(s) appearing for the Case

Caesar Cirigliano and Sam Katz for defendant. Robert M. Morgenthau, District Attorney (Karen B. Silberman of counsel), for plaintiff.


EMILY JANE GOODMAN, J.

The defendant, charged with unlawful imprisonment in the second degree and sexual abuse in the third degree, moves to dismiss the unlawful imprisonment charge under the "merger doctrine".

The merger doctrine precludes conviction for various offenses codified under Penal Law article 135 where the offense is so much a part of another substantive crime that the latter could not...

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