People v. McPhail

Appellate Division of the Supreme Court of New York

People v. McPhail

57 A.D.2d 633, 393 N.Y.S.2d 755, 1977 N.Y. App. Div. LEXIS 11653

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

DecidedApril 25, 1977

StatusPublished

This text of 57 A.D.2d 633 (People v. McPhail) 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. McPhail, 57 A.D.2d 633, 393 N.Y.S.2d 755, 1977 N.Y. App. Div. LEXIS 11653 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered November 17, 1975, convicting him of murder in the second degree, kidnapping in the second degree and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence. Judgment affirmed. No reasonable view of the evidence exists which would support a finding that defendant-appellant committed the lesser offense of unlawful imprisonment, but did not commit the greater one of kidnapping (see CPL 300.50; People v Shuman, 37 NY2d 302; People v Beaver, 56 AD2d 891). The other contentions raised by defendant have been considered and found to be without merit. Cohalan, Acting P. J., Hawkins, Mollen and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered November 17, 1975, convicting him of murder in the second degree, kidnapping in the second degree and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence. Judgment affirmed. No reasonable view of the evidence exists which would support a finding that defendant-appellant committed the lesser offense of unlawful imprisonment, but did not commit the greater one of kidnapping (see CPL 300.50; People v Shuman, 37 NY2d 302; People v Beaver, 56 AD2d 891). The other contentions raised by defendant have been considered and found to be without merit. Cohalan, Acting P. J., Hawkins, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 633, 393 N.Y.S.2d 755, 1977 N.Y. App. Div. LEXIS 11653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcphail-nyappdiv-1977.

Opinion

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