Judgment unanimously modified, on the law and in the interest of justice, in accordance with memorandum and as so modified affirmed.
Memorandum:
Defendant was indicted for kidnapping, second degree, and attempted murder. It is alleged that he abducted an eight-year-old girl, transported her to the banks of the State Barge Canal and there twice threw her into the water of the canal in an effort to cause her death by drowning. Upon the trial the court charged...
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