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STATE v. KIRBY

No. 32562.

46 A.3d 1056 (2012)

137 Conn.App. 29

STATE of Connecticut v. Russell KIRBY.

Appellate Court of Connecticut.

Decided July 24, 2012.

Attorney(s) appearing for the Case

W. Theodore Koch III , special public defender, with whom, on the brief, was William T. Koch, Jr. , special public defender, for the appellant (defendant).

Lawrence J. Tytla , supervisory assistant state's attorney, with whom, on the brief, were Michael L. Regan , state's attorney, and Paul J. Narducci , senior assistant state's attorney, for the appellee (state).

LAVINE, ROBINSON and LAVERY, Js.

LAVINE, J.

The defendant, Russell Kirby, appeals from the 2010 judgment of conviction, rendered after a jury verdict, of kidnapping in the second degree in violation of General Statutes § 53a-94 and assault in the third degree in violation of General Statutes § 53a-61.1 On appeal, the defendant claims that (1) the distinction between kidnapping and unlawful restraint is unconstitutionally...

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