People v. Miles

292 N.E.2d 788, 31 N.Y.2d 918, 340 N.Y.S.2d 647, 1972 N.Y. LEXIS 886

Opinion

Order reversed and the indictment dismissed in the following memorandum": The acts established, that defendant by threat of shooting compelled a father and son to drive him from Utica to Syracuse, do not bring the case within the terms of former Penal Law (§ 1250) to establish beyond a reasonable doubt that he kidnapped the complainants with an intent they be ‘ ‘ confined or imprisoned” or “kept or detained”. The compulsion to provide transportation had no such relationship to detention as to make out a true kidnapping under the former statute (cf. People v. Levy, 15 N Y 2d 159; People v. Lombardi, 20 N Y 2d 266). The new Penal Law more precisely defines and limits the scope of kidnapping and related crimes (art. 135).

Concur: Chief Judge Fuld and Judges Burke, Bergan and Gibson. Judges Scileppi and Jasen dissent and vote, to affirm. Taking no part: Judge Breitbl.