PEOPLE v. GONZALEZ


80 N.Y.2d 146 (1992)

The People of the State of New York, Appellant, v. Demetrio Gonzalez, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1992.


Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (David O. Leiwant and Jay M. Cohen of counsel), for appellant.

Arthur H. Hopkirk, New York City, and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.


KAYE, J.

This appeal tests the application of the merger doctrine in a prosecution for kidnapping and attempted rape, where the defendant is convicted of kidnapping but acquitted of the rape charge. In applying the merger doctrine, we conclude that, whether defendant is acquitted or convicted of the underlying crime, the standard remains the same: did the Legislature intend to punish the restraint or abduction...

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