New York Court of Appeals

The People of the State of New York v. Angelo John La Marca

July 3, 19573 N.Y.2d 452

Summary

The New York Court of Appeals affirmed La Marca's conviction for kidnapping and felony murder, holding that the trial judge's instructions and evidentiary rulings did not constitute reversible error. The Court reasoned that kidnapping is a continuing crime, that the jury was not prejudiced by the unanswered question on partial insanity, and that the felony murder charge was proper. Justice Desmond dissented, arguing that the failure to answer the jury's question was a reversible error requiring a new trial.