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THERE WAS NO EVIDENCE DEFENDANT KNEW THE COMPLAINANT WAS A 14-YEAR-OLD RUNAWAY WHEN SHE STAYED AT HIS HOUSE; THE EVIDENCE OF KIDNAPPING WAS LEGALLY INSUFFICIENT (SECOND DEPT).

The Second Department, reversing defendant’s kidnapping conviction, determined the evidence was legally insufficient:

“A person is guilty of kidnapping in the second degree when he or she] abducts another person” … . “‘Abduct’ means to restrain a person with intent to prevent his [or her] liberation by . . . (a) secreting or holding him [or her] in a place where he [or she] is not likely to be found” … . “‘Restrain’ means to restrict a person’s movements intentionally and unlawfully in such [a] manner as to interfere substantially with his [or her] liberty by moving him [or her] from one place to another, or by confining him [or her] either in the place where the restriction commences or in a place to which he [or she] has been moved, without consent and with knowledge that the restriction is unlawful”… . “A person is so moved or confined ‘without consent’ when such is accomplished by . . . any means whatever, including acquiescence of the victim, if he [or she] is a child less than sixteen years old . . . and the parent, guardian or other person or institution having lawful control or custody of him [or her] has not acquiesced in the movement or confinement” … .  [T]he evidence does not establish that the defendant had “knowledge that the restriction [of the complainant’s movements was] unlawful” … , as the record fails to establish that the defendant knew that the complainant was under the age of 16 or that he knew she had run away and that her parents were looking for her, during a period of three days to one week that she was staying at his house … . Moreover, the evidence also failed to establish that the defendant intentionally restricted the complainant’s movements by confining her … , or that he intended to prevent her liberation by “secreting or holding [her] in a place where [she was] not likely to be found” … . Without establishing that the defendant knew that the complainant was a 14-year-old runaway, the People failed to establish that the defendant possessed the requisite intent to restrict her movements by confining her, or to prevent her liberation by keeping her hidden from her parents in a place where she was unlikely to be found. People v Legrand, 2021 NY Slip Op 03333, Second Dept 5-26-21

 

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