Judgment unanimously modified, on the law and facts, to reverse the conviction for kidnapping, second degree, and dismiss that count of the indictment, and otherwise judgment affirmed.
Memorandum:
Defendant was convicted of robbery of an automobile, first degree, kidnapping, second degree, of an occupant thereof, Grant Walcott, and criminal possession of a weapon, second degree. He contends that (1) as a matter of law he was not guilty of kidnapping, (2) the...
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