From Casetext: Smarter Legal Research

People v. Toussaint

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 2003
306 A.D.2d 85 (N.Y. App. Div. 2003)

Opinion

1344

June 10, 2003.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered November 22, 1999, as amended January 27, 2000, convicting defendant, after a jury trial, of robbery in the first degree, kidnapping in the second degree, robbery in the second degree (three counts) and unlawful imprisonment in the first degree, and sentencing him to an aggregate term of 15 years, unanimously affirmed.

Mark Dwyer, for respondent.

Salina M. Kanai, for defendant-appellant.

Before: Nardelli, J.P., Tom, Andrias, Lerner, JJ.


Defendant's contention that the convictions of kidnapping in the second degree and unlawful imprisonment should be dismissed as merged into the robbery convictions is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the merger doctrine was not applicable as the kidnapping, wherein the victim was locked in the trunk of his car, was a subsequent independent act and not an inherent part of the carjacking (see People v. Riley, 70 N.Y.2d 523, 532).

The challenged portions of the prosecutor's cross-examination and summation raised permissible challenges to defendant's credibility, particularly since defendant's version of the events was significantly different from that of the prosecution witnesses (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Toussaint

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 2003
306 A.D.2d 85 (N.Y. App. Div. 2003)
Case details for

People v. Toussaint

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEAN TOUSSAINT…

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

Date published: Jun 10, 2003

Citations

306 A.D.2d 85 (N.Y. App. Div. 2003)
759 N.Y.S.2d 861

Citing Cases

People v. Folk

The defendant's contention that the count of kidnapping in the second degree merged with the counts of…