66 A.D.2d 963 | N.Y. App. Div. | 1978
Appeal from a judgment of the County Court of Rensselaer County, rendered March 31, 1977, upon a verdict convicting defendant of the crimes of kidnapping in the second degree and criminal possession of a weapon in the second degree. On May 11, 1976, defendant appeared at the Poughkeepsie, New York, home of his girlfriend, Irene Racz, and, while awaiting Miss Racz’ return from work, he and her mother, Marie Toth, drank some gin and some wine which defendant had brought with him. By the time Miss Racz arrived home, at about 5:20 p.m., defendant and Mrs. Toth were intoxicated. Apparently Mrs. Toth had been pressuring her daughter, who was 20 years old, to date other men because of the large age difference between her and defendant, whom she had been dating for three months. Miss Racz had informed defendant that she was going to date other men and, finally, a day or two before the incident in question, she told defendant that she did not want to see him for a few weeks until things settled down at home. Following Miss Racz’ return home on May 11, 1976 the conversation developed into a discussion of her seeing men other than defendant, during which defendant appeared confused and bewildered. Shortly, after Mrs. Toth indicated that she would encourage her daughter to see other men, defendant produced a handgun and ordered Mrs. Toth to lie on the floor and keep quiet. Miss Racz tried to take the gun from defendant and he struck her on the head with it, inflicting a small cut to her forehead. Mrs. Toth was bound with tape and a lampcord, and a gag was placed in her mouth. Miss Racz initiated a brief search for her birth certificate because defendant told her he knew a priest who would marry them that night. Defendant placed Mrs. Toth in a closet and, apparently, with Miss Racz’ consent, they left. For several hours the couple drove aimlessly through the countryside, during which time defendant apparently remained in a confused and bewildered state. At some point during the early morning hours, they stopped and Miss Racz admitted that she kissed defendant and that he fell asleep for a while with his head in her lap. She made no attempt to escape. Thereafter, they begun to drive north and stopped at a roadside diner where Miss Racz left a note stating that she had been abducted and asking that the police be notified. Later, they stopped at a small store where Miss Racz informed the clerk that she had been kidnapped by an armed man in a car parked outside. Defendant’s vehicle was spotted by State Police in the Town of Nassau and a high speed chase ensued. At the intersection of Routes 9 and 20 in the Town of Schodack, defendant’s car was stopped at a roadblock. Defendant left the vehicle, taking Miss Racz with him at gunpoint. For the next five hours, defendant held the police at bay by holding the gun at Miss Racz’ head and threatening to harm her. During this period, the police attempted to negotiate with defendant and ultimately he surrendered. Defendant was taken into custody and advised of his rights. Subsequently, he signed a written account of his involvement in the matter. Following a jury trial, defendant was convicted of kidnapping in the second degree and criminal possession of a weapon in the second degree. This appeal ensued. Initially, defendant contends that the evidence adduced at trial was legally insufficient to establish his guilt of kidnapping in the second degree. We disagree. While the facts underlying this bizarre series of events suggest that Miss Racz may have left her mother’s apartment with defendant voluntarily, there is sufficient evidence from which the jury could conclude that during the five-hour period when surrounded by the State Police, defendant restrained Miss Racz within the meaning of subdivision 1 of section 135.00 of the Penal Law by threatening to use deadly physical force. Accordingly, there was sufficient evidence for the jury to find that