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5 New York opinions name it 2 courts 1982–1999 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Lombardigreen2 sentences1984In enacting the present statutes, the Legislature was fully cognizant of the problems caused by the broad language of the single crime provision of the former kidnapping statute (see Proposed New York Penal Law, NY Comm on Revision of Penal Law and Crim Code, Commission Staff Notes, former art 140 [1964]) and intended to alleviate the uncertainties inherent in application of the judicially created merger doctrine by establishing a precise definition of the crime of kidnapping in the first degree (see People v Lombardi, supra, p 271). 1982Prior to People v Cassidy ( 40 NY2d 763 ) it was uncertain whether the judicially created merger doctrine, first enunciated in People v Levy ( 15 NY2d 159 ) and followed in People v Lombardi ( 20 NY2d 266 ), survived the 1967 revision of the Penal Law’s kidnapping provisions (People v Rodriguez, 52 AD2d 781 ). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Gonzalez
green
2 sentences1999The defendant’s claim that his conviction for kidnapping in the second degree should be 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 is without merit (see, People v Gonzalez, 80 NY2d 146 ; People v Salimi, 159 AD2d 658 ). 1994The defendant claims that his convictions for kidnapping in the second degree are 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 Gonzalez, 80 NY2d 146, 150 ; People v Geaslen, 54 NY2d 510 ; People v Salimi, 159 AD2d 658 ). | 2 | 1994–1999 |
People v. Salimi
green
2 sentences1999The defendant’s claim that his conviction for kidnapping in the second degree should be 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 is without merit (see, People v Gonzalez, 80 NY2d 146 ; People v Salimi, 159 AD2d 658 ). 1994The defendant claims that his convictions for kidnapping in the second degree are 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 Gonzalez, 80 NY2d 146, 150 ; People v Geaslen, 54 NY2d 510 ; People v Salimi, 159 AD2d 658 ). | 2 | 1994–1999 |
People v. Barnes
green
2 sentences1994However, this claim is unpreserved for appellate review as a matter of law (see, People v Salimi, 159 AD2d 658 , supra; People v Wilsey, 99 AD2d 877 ), and we decline to exercise our discretion to review it in the interest of justice. 1990Having 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 ). | 2 | 1990–1994 |
People v. Geaslen
green
2 sentences1994The defendant claims that his convictions for kidnapping in the second degree are 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 Gonzalez, 80 NY2d 146, 150 ; People v Geaslen, 54 NY2d 510 ; People v Salimi, 159 AD2d 658 ). 1990The 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 ). | 2 | 1990–1994 |
People v. Cassidy
green
2 sentences1990The 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 ). 1982Prior to People v Cassidy ( 40 NY2d 763 ) it was uncertain whether the judicially created merger doctrine, first enunciated in People v Levy ( 15 NY2d 159 ) and followed in People v Lombardi ( 20 NY2d 266 ), survived the 1967 revision of the Penal Law’s kidnapping provisions (People v Rodriguez, 52 AD2d 781 ). | 2 | 1982–1990 |
People v. Suitte
green
1 sentence1999The defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80 ). | 1 | 1999–1999 |
People v. Udzinski
green
1 sentence1990Having 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 ). | 1 | 1990–1990 |
Hermann Wolff & Co. v. Braniff Airways Inc.
neutral
1 sentence1982Prior to People v Cassidy ( 40 NY2d 763 ) it was uncertain whether the judicially created merger doctrine, first enunciated in People v Levy ( 15 NY2d 159 ) and followed in People v Lombardi ( 20 NY2d 266 ), survived the 1967 revision of the Penal Law’s kidnapping provisions (People v Rodriguez, 52 AD2d 781 ). | 1 | 1982–1982 |
People v. Levy
green
1 sentence1982Prior to People v Cassidy ( 40 NY2d 763 ) it was uncertain whether the judicially created merger doctrine, first enunciated in People v Levy ( 15 NY2d 159 ) and followed in People v Lombardi ( 20 NY2d 266 ), survived the 1967 revision of the Penal Law’s kidnapping provisions (People v Rodriguez, 52 AD2d 781 ). | 1 | 1982–1982 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.