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PEOPLE v. LUCAS

11 N.Y.3d 218 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELON LUCAS, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 2008.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Joanne Legano Ross and Steven Banks of counsel), for appellant.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

An intentional killing committed in the course of and in furtherance of kidnapping in the first degree is first degree murder (Penal Law § 125.27 [1] [a] [vii]), and an abduction during which the person abducted dies is first degree kidnapping (Penal Law § 135.25 [3]). Defendant, who was indicted for first degree murder based on his killing of a person he had abducted, argues...

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