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PEOPLE v. McLEOD

50 A.D.3d 826 (2008)

856 N.Y.S.2d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BURNELL McLEOD, Appellant.

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

Decided April 8, 2008.

Ordered that the judgment is affirmed.

The defendant was convicted of, inter alia, murder in the second degree pursuant to Penal Law § 125.25 (3) predicated upon kidnapping. The defendant's contention that the merger doctrine operated to preclude that conviction because the kidnapping charge on which it was based merged with the robbery charge of which he was acquitted (see People v Gonzalez, 80 N.Y.2d 146 [1992]), is...

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