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PEOPLE v. GIAMPETRUZZI

60 A.D.2d 541 (1977)

The People of the State of New York, Respondent, v. Frank Giampetruzzi, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1977

Judgment, rendered July 31, 1974, unanimously affirmed.

Judgment, rendered March 12, 1974, unanimously modified, on the law, to reverse the convictions for kidnapping, grand larceny and possession of a weapon as a misdemeanor, to vacate the sentences thereon and to dismiss those counts, and otherwise affirmed.

On the facts of this case the kidnapping merged in the robbery. (See People v Cassidy, 40 N.Y.2d 763;

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