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PEOPLE v. POLADIAN

138 Misc.2d 772 (1988)

The People of the State of New York, Plaintiff, v. John Joseph Poladian, Defendant.

County Court, Broome County.

February 24, 1988

Attorney(s) appearing for the Case

Gerald F. Mollen, District Attorney (Thomas P. Walsh of counsel), for plaintiff. Thomas J. Fox, Public Defender (James F. Moran of counsel), for defendant.

PATRICK D. MONSERRATE, J.

The question at hand during the trial of the referenced indictment — involving charges of rape in the first degree (Penal Law § 130.35 [1]) and kidnapping in the second degree (Penal Law § 135.20) — is at what point in the proceedings is it required/appropriate for a trial court to effectuate New York's "merger rule" by dismissing the kidnapping charge. (People v Levy, 15 N.Y.2d...

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