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5 New York opinions name it 1 courts 1984–2024 3 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. Gonzalezgreen2 sentences2024The merger doctrine is "a means of effectuating the Legislature's intent [to effectuate a statutory scheme presenting a range of offenses and penalties measured by the gravity of a defendant's conduct] by precluding additional kidnapping sanctions for conduct that, while literally falling within the definition of [*2]that crime, was not intended to be separately treated as kidnapping," such as "conduct that, in fairness, should result in a single conviction" ( People v Gonzalez , 80 NY2d 146, 152 [1992]). 2024The merger doctrine is "a means of effectuating the Legislature's intent [to effectuate a statutory scheme presenting a range of offenses and penalties measured by the gravity of a defendant's conduct] by precluding additional kidnapping sanctions for conduct that, while literally falling within the definition of [*2]that crime, was not intended to be separately treated as kidnapping," such as "conduct that, in fairness, should result in a single conviction" ( People v Gonzalez , 80 NY2d 146, 152 [1992]). | 2 | 2 |
People v. Hanleygreen2 sentences2024A kidnapping charge "is generally deemed to merge with another offense only where there is minimal asportation immediately preceding the other crime or where the restraint and underlying crime are essentially simultaneous" ( id. at 606 [internal quotation marks omitted]). 2024The kidnapping merger doctrine is a judicially-created doctrine intended to prevent overcharging and "to prohibit a conviction for kidnapping based on acts which are so much the part of another substantive crime that the substantive crime could not have been committed without such acts and independent criminal responsibility for kidnapping may not fairly be attributed to the accused" ( People v Hanley , 20 NY3d 601, 605-606 [2013] [internal quotation marks omitted]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morales v. New York
green
2 sentences1991Some courts have expressed the kidnapping-merger rule as a device to prevent the "gross distortion of lesser crimes into a much more serious crime by excess of prosecutorial zeal” (People v Miles, 23 NY2d 527, 540 , cert denied 395 US 948 ; People v Pellot, 105 AD2d 223, 232 ), in instances where the confinement or asportation is subsidiary to the main crime (People v Lombardi, 20 NY2d 266 ). 1984The doctrine was further refined and to some extent limited in People v Miles ( 23 NY2d 527 , cert den 395 US 948 ) in which the Court of Appeals affirmed the kidnapping convictions of several defendants who, after beating their victim and injecting him with hot lye in an attempt to kill him in New Jersey, placed the victim, whom they believed to be dead or dying, in the trunk of a car and proceeded to drive around in a futile attempt to dispose of the body until they were apprehended and their still living victim was rescued by the police in New York City. | 2 | 1984–1991 |
People v. Miles
green
2 sentences1991Some courts have expressed the kidnapping-merger rule as a device to prevent the "gross distortion of lesser crimes into a much more serious crime by excess of prosecutorial zeal” (People v Miles, 23 NY2d 527, 540 , cert denied 395 US 948 ; People v Pellot, 105 AD2d 223, 232 ), in instances where the confinement or asportation is subsidiary to the main crime (People v Lombardi, 20 NY2d 266 ). 1984The doctrine was further refined and to some extent limited in People v Miles ( 23 NY2d 527 , cert den 395 US 948 ) in which the Court of Appeals affirmed the kidnapping convictions of several defendants who, after beating their victim and injecting him with hot lye in an attempt to kill him in New Jersey, placed the victim, whom they believed to be dead or dying, in the trunk of a car and proceeded to drive around in a futile attempt to dispose of the body until they were apprehended and their still living victim was rescued by the police in New York City. | 2 | 1984–1991 |
People v. Lombardi
green
2 sentences1991Some courts have expressed the kidnapping-merger rule as a device to prevent the "gross distortion of lesser crimes into a much more serious crime by excess of prosecutorial zeal” (People v Miles, 23 NY2d 527, 540 , cert denied 395 US 948 ; People v Pellot, 105 AD2d 223, 232 ), in instances where the confinement or asportation is subsidiary to the main crime (People v Lombardi, 20 NY2d 266 ). 1984The kidnapping merger doctrine has since been applied to bar kidnapping prosecutions in a broad range of factual patterns, despite the fact that the underlying actions did fall literally within the ambit of the kidnapping statute, on the ground that the statute should not be applied “to crimes which are essentially robbery, rape or assault and in which some confinement or asportation occurs as a subsidiary incident” (People v Lombardi, 20 NY2d 266, 270 ). | 2 | 1984–1991 |
People v. Cain
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Williamson
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Farrugia
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Spinks
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Parks
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Giampetruzzi
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Graham
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Brewer
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Pellot
green
1 sentence1991Some courts have expressed the kidnapping-merger rule as a device to prevent the "gross distortion of lesser crimes into a much more serious crime by excess of prosecutorial zeal” (People v Miles, 23 NY2d 527, 540 , cert denied 395 US 948 ; People v Pellot, 105 AD2d 223, 232 ), in instances where the confinement or asportation is subsidiary to the main crime (People v Lombardi, 20 NY2d 266 ). | 1 | 1991–1991 |
People v. Burgess
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Englert
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Ortiz
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Androvett
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Williams
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Rodriguez
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Scattareggia
green
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Flax
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
California v. Braeseke
neutral
1 sentence1991In that vein, appellate courts have reversed kidnapping convictions as being incidental to the primary, sex crime objective (e.g., People v Watts, 48 AD2d 863 , People v Ennis, 50 AD2d 935 ; People v Brewer, 94 AD2d 812 ; People v Ennis, 107 AD2d 707 ; People v Burgess, 107 AD2d 703 ; People v Williams, 141 AD2d 783 ; People v Scattareggia, 152 AD2d 679 ; People v Doyen, 155 AD2d 894 ), or to another criminal objective, such as burglary (People v Spinks, 58 AD2d 659 ), or robbery (People v Cain, 76 NY2d 119 ; People v Parks, 59 AD2d 543 ; People v Giampetruzzi, 60 AD2d 541 ; People v Graham, 6 | 1 | 1991–1991 |
People v. Cassidy
green
1 sentence1991It is a judicially crafted rule (People v Cassidy, 40 NY2d 763, 765 ), designed to protect defendants from the inequities of prosecutorial overcharging. | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.