HERE THE “MERGER DOCTRINE” APPLIED TO THE KIDNAPPING AND ASSAULT CHARGES, THE KIDNAPPING CONVICTION WAS REVERSED AND THE COUNT DISMISSED (THIRD DEPT).

The Third Department, reversing County Court in this assault/kidnapping case, determined the merger doctrine should have been applied and reversed the kidnapping conviction:

… [A] kidnapping is generally deemed to merge with another offense where there is minimal asportation immediately preceding the other crime or where the restraint and underlying crime are essentially simultaneous” … . Notwithstanding the foregoing, “the merger doctrine does not apply ‘where the manner of detention is egregious’ ” … .

Here, the proof at trial demonstrated that the victim was lured to the residence on the promise of sex and drugs and, immediately upon entering, he was assaulted while also being prevented from leaving for 15 to 20 minutes. Thus, the kidnapping and the assault occurred simultaneously, as part of a single, uninterrupted and relatively brief episode … . * * *  … [T]he manner of detention was not so egregious that the kidnapping conviction should be sustained … . People v Hart, 2026 NY Slip Op 06360, Third Dept 10-29-26

Practice Point: Under the merger doctrine, where the actions of the defendant are not “egregious” and the victim is restrained for a brief period of time while other offenses are committed, a kidnapping charge will be deemed “merged” with the other offenses and the kidnapping count will be dismissed.