People v. McCrayer

Appellate Division of the Supreme Court of New York

People v. McCrayer

135 A.D.2d 1085, 523 N.Y.S.2d 988, 1987 N.Y. App. Div. LEXIS 52938

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 1987

StatusPublished

This text of 135 A.D.2d 1085 (People v. McCrayer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McCrayer, 135 A.D.2d 1085, 523 N.Y.S.2d 988, 1987 N.Y. App. Div. LEXIS 52938 (N.Y. Ct. App. 1987).

Pincite

Opinion

— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Defendant appeals from a judgment convicting him, after a bench trial, of five counts: single counts of aggravated sexual abuse and assault in the second degree, and three counts of the lesser included charge of kidnapping in the second degree. We have examined defendant’s claims of error and find them to be without merit. However, three convictions for the identical crime of kidnapping in the second degree are not legally permissible. We, therefore, modify the judgment by reversing the convictions of two counts of kidnapping in the second degree and vacating the sentences imposed thereon, and otherwise affirm. (Appeal from judgment of Erie County Supreme Court, Doyle, J.— kidnapping, second degree, and other offenses.) Present — Callahan, J. P., Denman, Boomer, Pine and Lawton.

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— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Defendant appeals from a judgment convicting him, after a bench trial, of five counts: single counts of aggravated sexual abuse and assault in the second degree, and three counts of the lesser included charge of kidnapping in the second degree. We have examined defendant’s claims of error and find them to be without merit. However, three convictions for the identical crime of kidnapping in the second degree are not legally permissible. We, therefore, modify the judgment by reversing the convictions of two counts of kidnapping in the second degree and vacating the sentences imposed thereon, and otherwise affirm. (Appeal from judgment of Erie County Supreme Court, Doyle, J.— kidnapping, second degree, and other offenses.) Present — Callahan, J. P., Denman, Boomer, Pine and Lawton.

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Bluebook (online)

135 A.D.2d 1085, 523 N.Y.S.2d 988, 1987 N.Y. App. Div. LEXIS 52938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccrayer-nyappdiv-1987.