Ordered that the judgment is modified, on the law, by reversing the conviction for kidnapping in the second degree, vacating the sentence imposed thereon and dismissing that count of the indictment; as so modified, the judgment is affirmed.
We find the defendant was not deprived of a fair trial by the People's failure to preserve certain wine glasses inspected by the police during their investigation of the instant crime which the defendant contends would have corroborated...
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