PEOPLE v. WAGSTAFF


219 A.D.2d 690 (1995)

631 N.Y.S.2d 410

The People of the State of New York, Respondent, v. Everton Wagstaff, Appellant

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

September 18, 1995


Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to establish the "abduct[ion]" element of kidnapping in the second degree which requires proof of restraint by either secreting or holding the victim in a place where he or she is not likely to be found (Penal Law § 135.00 [2] [a]) or by using or threatening to use deadly physical force (Penal Law § 135.00 [2] [b]). The People concede on appeal that there...

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