State of Connecticut v. Marvin Kitchens

Summary

The court affirmed the defendant’s convictions for kidnapping in the second degree and unlawful restraint in the first degree. Although the trial court should have given an instruction requiring the jury to consider whether the restraint exceeded conduct incidental to other charged offenses, the omission was harmless because the jury acquitted the defendant of all potentially underlying assault offenses. The defendant’s challenge to the intent instruction was waived because counsel had meaningful opportunities to review and comment on the proposed instructions and affirmatively accepted them. KATZ, J., concurring, would reject waiver on this record but would affirm because the instructions as a whole adequately conveyed the specific-intent requirements.