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PEOPLE v. GOVAN

178 Misc.2d 729 (1998)

682 N.Y.S.2d 527

The People of the State of New York, Plaintiff, v. Isaac Govan, Defendant.

Supreme Court, Albany County.

September 3, 1998

Attorney(s) appearing for the Case

Eugene P. Devine, Public Defender of Albany County (Thomas Neidl of counsel), for defendant. Sol Greenberg, District Attorney of Albany County (Brian Rounds of counsel), for plaintiff.

DAN LAMONT, J.

This case presents an issue which arguably remains unresolved by the Court of Appeals decision in People v Dodt (61 N.Y.2d 408 [1984]), to wit: If a defendant restrains another person by "threatening to use deadly physical force," but the handgun actually threatened to be used was in fact a starter pistol, can such defendant be convicted of kidnapping...

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