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PEOPLE v. THOMAS

212 A.D.2d 474 (1995)

623 N.Y.S.2d 203

The People of the State of New York, Respondent, v. Jamal Thomas, Also known as Dwight Thomas, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 23, 1995

The kidnapping charges did not merge into the attempted escape charge since the continued restraint of the officers after other correction officers discovered that the inmates had taken over the facility constituted a discrete crime (see, People v Steel, 207 A.D.2d 744). In any event, the merger doctrine is not applicable to this case since the detention here was unusually brutal...

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