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People v. Steel

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 744 (N.Y. App. Div. 1994)

Summary

holding that kidnapping does not merge into robbery when the robbery is not incidental to the abduction of the victim

Summary of this case from Cartagena v. Corcoran

Opinion

September 29, 1994

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


Judgment, same court and Justice, rendered November 25, 1992, convicting defendant Carswell, after a jury trial, of three counts of kidnapping in the second degree and three counts of robbery in the first degree, and sentencing him, as a second violent felony offender, to six concurrent terms of 12 1/2 to 25 years, unanimously affirmed.


Since, after the robbery was virtually completed, there was a significant, egregious, and nonincidental asportation of the victims, during which defendants plotted murder or other crimes, the kidnapping did not merge into the robbery (People v Gonzalez, 80 N.Y.2d 146, 151-153).

The challenged portions of the prosecutor's summation did not exceed the broad bounds of legitimate response to defense argument (People v. Galloway, 54 N.Y.2d 396, 399).

Defendant Carswell was not denied effective assistance of counsel by his attorney revealing to the jury that he had been suspected, but exonerated, of another robbery, it being a plausible strategy (People v. Baldi, 54 N.Y.2d 137, 146-147) to claim that defendant was "framed" by a detective who had engineered defendant's identification in this case by making the identifying complainant aware of defendant's other case.

Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.


Summaries of

People v. Steel

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 744 (N.Y. App. Div. 1994)

holding that kidnapping does not merge into robbery when the robbery is not incidental to the abduction of the victim

Summary of this case from Cartagena v. Corcoran
Case details for

People v. Steel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE STEEL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 29, 1994

Citations

207 A.D.2d 744 (N.Y. App. Div. 1994)
616 N.Y.S.2d 623

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