context: We agree, however, with the state that the lack of such an instruction was harmless under the circumstances because the defendant was acquitted of all charges other than kidnapping and unlawful restraint, thus indicating that the jury believed only the victim's allegations with respect to the defendant's moving her forcibly from the apartment building's vestibule to another area outside and then back inside and up to Sears' apartment, where the defendant then confined her temporarily. Put differently, the jury's verdict, which indicated the jury's disbelief of the victim's allegations of assault; see footnote 7 of this opinion; is a conclusive finding that there was no separate crime underlying the kidnapping charge.
citation_a.signal: see
citation_a.parenthetical: concluding that defendant's failure to receive Salamon instruction was harmless beyond reasonable doubt, even though he had been charged with both kidnapping and sexual assault, because "the defendant and [his accomplice] had kidnapped the victim and had driven around . . . with her for well over three hours before the defendant's alleged commission of any other crimes commenced"
citation_a.sentence: See State v. Hampton, supra, 293 Conn. 463 (concluding that defendant’s failure to receive Salamon instruction was harmless beyond reasonable doubt, even though he had been charged with both kidnapping and sexual assault, because “the defendant and [his accomplice] had kidnapped the victim and had driven around . . . with her for well over three hours before the defendant’s alleged commission of any other crimes commenced”); see also People v. Robbins, supra, 131 Mich. App. 433 (trial court properly declined to instruct on incidental rule because, after granting of directed verdict on underlying assault charge, “no one suggested that any underlying lesser or co-equal offense could be found to have been committed, and there was no evidence of any such offense”); People v. Gonzalez, 80 N.Y.2d 146, 148, 153, 603 N.E.2d 938, 589 N.Y.S.2d 833 (1993) (concluding that second degree kidnapping conviction arising from “a lengthy odyssey on the streets of Brooklyn,” prior to alleged sexual assault, should not have been merged with acquittal for attempted sexual assault because “[t]he abduction constituted the discrete crime of second degree kidnapping which was already completed, in all its elements, before the victim was allegedly sexually assaulted,” and because “[t]he restraint was not a minimal intrusion necessary and integral to another crime . . . [or] simultaneous and inseparable from another crime,” but, rather, “was a crime in itself’); People v. Cruz, 296 App. Div. 2d 22, 26-27, 745 N.Y.S.2d 528 (merger doctrine inapplicable when “there is sufficient evidence of restraint but insufficient evidence of the other charged crime”), appeal denied, 99 N.Y.2d 534, 782 N.E.2d 572, 752 N.Y.S.2d 594 (2002); State v. French, supra, 139 Vt. 321 (incidental rule inapplicable when defendant acquitted of sexual assault because “the kidnapping, if proven in every element, can stand on its own”); Walker v. Commonwealth, supra, 47 Va. App. 122, 124 (rejecting defendant’s claim that he was entitled to reversal of abduction conviction on ground that “detention should be ignored because it was incidental to the claimed robbery” when defendant was acquitted of robbery charge, thereby rendering incidental rule inapplicable).
citation_b.signal: see also
citation_b.parenthetical: concluding that second degree kidnapping conviction arising from "a lengthy odyssey on the streets of Brooklyn," prior to alleged sexual assault, should not have been merged with acquittal for attempted sexual assault because "[t]he abduction constituted the discrete crime of second degree kidnapping which was already completed, in all its elements, before the victim was allegedly sexually assaulted," and because "[t]he restraint was not a minimal intrusion necessary and integral to another crime . . . [or] simultaneous and inseparable from another crime," but, rather, "was a crime in itself'
citation_b.sentence: See State v. Hampton, supra, 293 Conn. 463 (concluding that defendant’s failure to receive Salamon instruction was harmless beyond reasonable doubt, even though he had been charged with both kidnapping and sexual assault, because “the defendant and [his accomplice] had kidnapped the victim and had driven around . . . with her for well over three hours before the defendant’s alleged commission of any other crimes commenced”); see also People v. Robbins, supra, 131 Mich. App. 433 (trial court properly declined to instruct on incidental rule because, after granting of directed verdict on underlying assault charge, “no one suggested that any underlying lesser or co-equal offense could be found to have been committed, and there was no evidence of any such offense”); People v. Gonzalez, 80 N.Y.2d 146, 148, 153, 603 N.E.2d 938, 589 N.Y.S.2d 833 (1993) (concluding that second degree kidnapping conviction arising from “a lengthy odyssey on the streets of Brooklyn,” prior to alleged sexual assault, should not have been merged with acquittal for attempted sexual assault because “[t]he abduction constituted the discrete crime of second degree kidnapping which was already completed, in all its elements, before the victim was allegedly sexually assaulted,” and because “[t]he restraint was not a minimal intrusion necessary and integral to another crime . . . [or] simultaneous and inseparable from another crime,” but, rather, “was a crime in itself’); People v. Cruz, 296 App. Div. 2d 22, 26-27, 745 N.Y.S.2d 528 (merger doctrine inapplicable when “there is sufficient evidence of restraint but insufficient evidence of the other charged crime”), appeal denied, 99 N.Y.2d 534, 782 N.E.2d 572, 752 N.Y.S.2d 594 (2002); State v. French, supra, 139 Vt. 321 (incidental rule inapplicable when defendant acquitted of sexual assault because “the kidnapping, if proven in every element, can stand on its own”); Walker v. Commonwealth, supra, 47 Va. App. 122, 124 (rejecting defendant’s claim that he was entitled to reversal of abduction conviction on ground that “detention should be ignored because it was incidental to the claimed robbery” when defendant was acquitted of robbery charge, thereby rendering incidental rule inapplicable).