PEOPLE v. TOUSSAINT


306 A.D.2d 85 (2003)

759 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEAN TOUSSAINT, Appellant.

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

Decided June 10, 2003.


Defendant's contention that the convictions of kidnapping in the second degree and unlawful imprisonment should be dismissed as merged into the robbery convictions is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the merger doctrine was not applicable as the kidnapping, wherein the victim was locked in the trunk of his car, was a subsequent independent act and not an inherent part of the carjacking (

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