For more information, visit the website of Jayson Lutzky, PC, www.MyNewYorkCityLawyer.com. Transcript: The subject of today's blog is, "Custodial parent found guilty of kidnapping." A New York Court of Appeals decision, reported in the New York Law Journal on June 1st, 2012, decided that a parent, even with custodial rights over his or her child could be found guilty of kidnapping. In The People v. Leonard, the father of a six-week-old baby held is baby hostage, with a large knife by her throat, and released her only after a one-hour standoff in which he threatened to kill the baby if the police approached him. The father was not married to the mother of the baby and the mother did not have sole custody of the baby. The court looked to decisions made in other states, as well as New York State, before reaching a decision. The court ruled that the father prohibited the movement of a child. He had driven to Ulster County from Brooklyn to pick up and kidnap the baby and committed Second Degree Kidnapping, usually not committed by a custodial parent. Thank you very much.
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