Judgment modified, on the law and the facts, by vacating the conviction of unlawful imprisonment in the first degree and the sentence imposed thereon and said count of the indictment is dismissed. As so modified, judgment affirmed.
Defendant asserts, and the People agree, that any restraint imposed upon complainant by the defendant in this case was clearly wholly incidental to and inseparable from the substantive crime of rape. Accordingly, the merger doctrine precludes...
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