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PEOPLE v. NEVARO

1170, 2153/12, 4953/12.

139 A.D.3d 525 (2016)

31 N.Y.S.3d 498

2016 NY Slip Op 03952

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL NEVARO, Appellant.

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

Decided May 19, 2016.

The kidnapping conviction was not supported by legally sufficient evidence. Since there was no evidence that defendant threatened to use deadly physical force against the victim if she tried to leave her apartment, he did not abduct her within the meaning of the statute (see Matter of Luis V., 216 A.D.2d 15 [1st Dept 1995], lv denied 87 N.Y.2d 803 [1995]). In context and under the circumstances, defendant's threat to set fire...

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