Judgment modified, on the law and the facts, by reversing the convictions of kidnapping in the second degree, attempted sexual misconduct (two counts) and assault in the third degree (two counts), and the sentences imposed thereon, and the said counts are dismissed. As so modifed, judgment affirmed.
The defendant-appellant contends, and the People concede, that his conviction of kidnapping in the second degree cannot stand. The evidence revealed that any detention...
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