New York Criminal Attorney Blog
On July 10, 2025, New York’s Third Department overturned a first-degree kidnapping conviction in People v Akins because the trial judge refused to instruct jurors on the lesser offense of unlawful imprisonment. That ruling matters to you because it shows how a single procedural error can erase the harshest charge on appeal. Understanding the court’s reasoning equips you to spot similar openings in your own case.
When prosecutors alleged the victim remained restrained for more than twelve hours, they triggered the heightened penalties that come with first-degree kidnapping. Trial testimony, however, left room to doubt the length of confinement. By blocking an unlawful-imprisonment option, the judge forced jurors into an all-or-nothing choice. Appellate judges stepped in and ordered a new trial on the kidnapping count, leaving lesser convictions intact. That result proves appellate courts will act when trial judges restrict a jury’s options without legal justification.