People v. Salimi, 159 A.D.2d 658 (N.Y. App. Div. 1990). · Go Syfert
People v. Salimi, 159 A.D.2d 658 (N.Y. App. Div. 1990). Cases Citing This Book View Copy Cite
42 citation events (16 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Huger (nyappdiv, 2016-02-17)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Huger
N.Y. App. Div. · 2016 · confidence medium
In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of that crime beyond a reasonable doubt (see People v Burkhardt, 81 AD3d 970, 971 [2011]; People v Salimi, 159 AD2d 658, 658-659 [1990]).
discussed Cited as authority (rule) State of Iowa v. Scott Robert Robinson
Iowa · 2015 · signal: cf. · confidence medium
Cf. People v. Salimi, 159 A.D.2d 658 , 552 N.Y.S.2d 964, 964-65 (1990) (holding kidnapping and underlying crime could be merged even when defendant has been acquitted of underlying charge); State v. French, 139 Vt. 320 , 428 A.2d 1087, 1088 (1981) (noting merger of crimes has no application to a situation in which no conviction was obtained on the underlying crime).
discussed Cited as authority (rule) People v. Heath
N.Y. App. Div. · 2008 · confidence medium
Similarly, as to the charge of attempted kidnapping, the jury could have reasonably inferred that defendant attempted to “restrain [the victim] with intent to prevent his liberation by either (a) secreting or hold ing him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force” (Penal Law § 135.00 [2]; see People v Linderberry, 222 AD2d 731, 734 [1995], lv denied 87 NY2d 975 [1996]; People v Carter, 263 AD2d 958, 958-959 [1999], lv denied 94 NY2d 820 [1999]; People v Salimi, 159 AD2d 658, 658-659 [1990], lv denied 76 NY2d 742 [1990]).
discussed Cited as authority (rule) People v. Banks
N.Y. App. Div. · 2007 · confidence medium
The movement of the victim from one place to another at gunpoint was legally sufficient to establish the element of abduction (see Penal Law § 135.00 [1], [2]; § 135.20; People v Magliato, 68 NY2d 24, 29 [1986]; People v Dodt, 61 NY2d 408, 414 [1984]; People v Balcom, 171 AD2d 1028 [1991]; People v Salimi, 159 AD2d 658, 658-659 [1990]).
discussed Cited as authority (rule) People v. Rambali
N.Y. App. Div. · 2006 · confidence medium
The defendant’s contention that his conviction of kidnapping in the second degree merged with rape and sodomy charges of which he was acquitted is unpreserved for appellate review (see CPL 470.05 [2]; People v Stokes, 282 AD2d 553, 554 [2001]; People v Freeman, 267 AD2d 470, 471 [1999]; People v Salimi, 159 AD2d 658, 658 [1990]).
discussed Cited "see, e.g." People v. Knight
N.Y. App. Div. · 1990 · signal: see also · confidence low
Moreover, the unlawful imprisonment in the second degree conviction must be reversed and the thirteenth count of the indictment dismissed because that conviction is barred by the merger doctrine, despite the acquittals and dismissal of the rape charges (see, People v Usher, 49 AD2d 499, 507 , affd 40 NY2d 763 ; see also, People v Salimi, 159 AD2d 658 ; cf., People v Kalyon, 142 AD2d 650 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Mirwais Salimi
Appellate Division of the Supreme Court of the State of New York.
Mar 19, 1990.
159 A.D.2d 658
1990 N.Y. App. Div. LEXIS 2998
Cited by 37 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered June 10, 1987, convicting him of kidnapping in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant asserts that his conviction for kidnapping in the second degree is barred by the judicially created merger doctrine, which precludes a conviction for kidnapping based on acts which are integrally related but subordinate to another substantive crime (see, People v Geaslen, 54 NY2d 510; People v Cassidy, 40 NY2d 763). Having failed to challenge the jury’s verdict on this basis before the trial court, the defendant has not preserved this claim for appellate review (see, People v Udzinski, 146 AD2d 245, 250; People v Wilsey, 99 AD2d 877). The additional procedural obstacle upon which the People urge this court to decline to address the defendant’s argument, specifically, that since the defendant was convicted solely of the kidnapping, the merger doctrine properly could not be invoked, is unavailing. Unlike the situations in People v Rios (60 NY2d 764, 766) or People v Pellot (105 AD2d 223, 229-230), where the defendants were charged only with a kidnapping and, hence, the doctrine could not apply since there existed no other crime with which the kidnapping could merge (see also, People v Kalyon, 142 AD2d 650), here, as in People v Usher (49 AD2d 499, affd 40 NY2d 763), the defendant was charged with substantive crimes, specifically, robbery and sexual abuse, with which the kidnapping could, in the appropriate circumstances, merge, despite his acquittal thereon (cf., People v Kalyon, supra). The defendant’s claim is, in any event, without merit. His restraint and asportation of the complainant were accomplished by acts which were not merely incidental to and inseparable from acts which the People alleged constituted a robbery or sexual assault (see, People v Wilsey, 99 AD2d 877, supra).

The defendant’s challenge of the evidence supporting his conviction as legally insufficient for the failure of proof regarding the element of "abduction” (Penal Law §§ 135.00, 135.20) is similarly unpreserved for this court’s review (see, People v Bynum, 70 NY2d 858; People v Udzinski, 146 AD2d 245, 250, supra). This claim is, in any event, without merit, since, viewing the evidence adduced at trial in a light most favorable to the People (People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish that the defendant restrained the complainant with intent to prevent her[*659] liberation by holding her in a place where she was unlikely to be found, i.e., a car traveling aimlessly through Queens in the middle of the night (see, Penal Law § 135.00 [2]; People v Valero, 134 AD2d 635), or by threatening her with the use of deadly physical force, i.e., a gun (see, People v Dodt, 61 NY2d 408, 414-415).

Finally, we perceive of no basis upon which to modify the sentence imposed (see, People v Suitte, 90 AD2d 80). Mangano, J. P., Thompson, Bracken and Rubin, JJ., concur.