State v. Burke, 162 N.H. 459

Defendant Burke robbed elderly Monna Greenstreet on Feb 2, 2009, demanding $75,000 and exposing her to confinement.
Greenstreet, aged 83, was disabled and had difficulty walking; the defendant bound her hands with plastic-coated wire while she sat.
After about 30 minutes, the defendant took phones, a laptop, and fled in the Greenstreets' car.
The knife was present but not verbalized threats or used, and the confinement led to a jury conviction on multiple charges.
The sole issue on appeal is whether the State proved Greenstreet was exposed to a risk of serious bodily injury under RSA 633:2; the trial court denied the motion to dismiss the criminal restraint charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State proved exposure to risk of serious bodily injury under RSA 633:2.	State argues risk includes potential harm given Greenstreet's disability.	Burke argues no actual identifiable risk; requires more than remote possibility.	Yes, sufficient to show a risk of serious bodily injury.

State v. Bruce, 132 N.H. 465 (1989) (requires proof of confinement and risk of serious injury)
State v. Thiel, 160 N.H. 462 (2010) (statutory interpretation; final arbiter of legislative intent)
State v. Kousounadis, 159 N.H. 413 (2009) (interpretation of criminal provisions; fair import of terms)
Petition of State (State v. Milner), 159 N.H. 456 (2009) (preserves that courts give effect to all words; avoid superfluous language)
State v. Crie, 154 N.H. 403 (2006) (sufficiency review; circumstantial evidence acceptable)