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PEOPLE v. LEONARD

No. 92.

19 N.Y.3d 323 (2012)

2012 NY Slip Op 4206

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEO LEONARD, Appellant.

Court of Appeals of New York.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Stuart M. Cohen , Rensselaer, for appellant.

D. Holley Carnright , District Attorney, Kingston ( Joan Gudesblatt Lamb and Shirley Huang of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO and READ concur with Judge SMITH; Judge JONES dissents in part and votes to modify in a separate opinion in which Judges CIPARICK and PIGOTT concur.

OPINION OF THE COURT

SMITH, J.

This case raises the question of whether it is possible for a parent who has custodial rights to a child to be guilty of kidnapping that child. We hold that it is possible, and that it happened here, where defendant used his baby daughter as a hostage, threatening to kill her if the police approached him.

I

Defendant had a romantic relationship with a woman...

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