New York Court of Appeals

The People of the State of New York v. Richard Dodt

March 29, 198461 N.Y.2d 408

Summary

The Court held that a threat to use a gun, even without proof of an operable firearm, satisfies the statutory requirement of deadly physical force for kidnapping, and that the defendant's arrest lacked probable cause because the police failed to prove the content of the teletype bulletin, requiring suppression of the lineup identification and a new trial; the trial judge's impeachment ruling was upheld as a discretionary decision.