In People v. Parkman , the Bronx County Criminal Court convicted Raymond Parkman of second degree attempted unlawful imprisonment, third degree sexual abuse, second degree harassment, and attempted endangerment of a child's welfare.
While prosecutors presented evidence Parkman forcefully grabbed the complainant by the arm, they failed to offer any evidence how long he had done so or the "effects of the touching in terms of the complainant's confinement." (These constraint elements are necessary to establish "unlawful imprisonment" under New York law.)
When the Criminal Court convicted Parkman, he appealed to the Appellate Term, First Department, which only reversed the unlawful imprisonment component because the evidence didn't support that conviction. (Although his objection as to the evidence's insufficiency hadn't been preserved for the AT1's review, the court rejected that argument "on the merits.")
Parkman probably couldn't wrap his arms around that.
To download a copy of the Appellate Term's decision, please use this link: People v. Parkman