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PEOPLE v. FULLAN

92 N.Y.2d 690 (1999)

708 N.E.2d 974

685 N.Y.S.2d 901

The People of the State of New York, Appellant-Respondent, v. Daniel Fullan, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1999.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Ellen C. Abbot, John M. Castellano and Robin A. Forshaw of counsel), for appellant-respondent.

Ruden, McClosky, Smith, Schuster & Russell, P.A. (Marc S. Nurik, of the Florida Bar, admitted pro hac vice, of counsel), for respondent-appellant.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur; Judge LEVINE taking no part.

BELLACOSA, J.

The dispositive issue is whether attempted kidnapping in the first degree is a cognizable crime in the circumstances of this case under the governing statutes and precedents (Penal Law § 135.25 [3]; § 110.00; People v Miller, 87 N.Y.2d 211 [1995]; cf., People v Campbell,

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