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State v. Salamon

949 A.2d 1092 (2008)

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State v. Salamon

Connecticut Supreme Court

949 A.2d 1092 (2008)

Facts

A 15-year-old girl got on the wrong train leaving from New York City at night. Rather than arriving at her intended stop in New York State, she awoke on the train to find that she was arriving in Connecticut. When she got off the train, she saw Scott Salamon (defendant) watching her. Salamon followed the girl into a stairwell and grabbed her by the back of the neck, knocking her down onto the steps. The girl screamed and fought back against Salamon. Salamon punched the girl once in the face and attempted to shove his fingers down her throat. Salamon restrained her on the stairs for at least five minutes before she was able to free herself and flee to safety. Salamon was arrested shortly after the attack. Salamon was convicted of risk of injury to a child, first-degree unlawful restraint based on the assault, and second-degree kidnapping. Salamon appealed, alleging that the jury should have been instructed that he could not be convicted on the kidnapping charge if his restraint of the victim was merely incidental to the crime of assault.

Rule of Law

Issue

Holding and Reasoning (Palmer, J.)

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