PEOPLE v. LEIVA


59 A.D.3d 161 (2009)

872 N.Y.S.2d 448

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS LEIVA, Appellant.

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

Decided February 3, 2009.


Defendant's argument that the kidnapping merged with the assault is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. "[T]he merger doctrine was not designed to merge true kidnappings into other crimes merely because the kidnappings were used to accomplish ultimate crimes . . . Only if the conduct underlying the abduction was incidental to and inseparable from another crime, will the doctrine apply...

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