People v. Miles

New York Court of Appeals

People v. Miles

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

CourtNew York Court of Appeals

DecidedDecember 29, 1972

StatusPublished

Cited by4 cases

This text of 292 N.E.2d 788 (People v. Miles) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Miles, 292 N.E.2d 788, 31 N.Y.2d 918, 340 N.Y.S.2d 647, 1972 N.Y. LEXIS 886 (N.Y. 1972).

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Opinion

*919 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.

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*919 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.

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Bluebook (online)

292 N.E.2d 788, 31 N.Y.2d 918, 340 N.Y.S.2d 647, 1972 N.Y. LEXIS 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miles-ny-1972.

Opinion

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