Ordered that the judgment is modified, on the law, by reversing the defendant's conviction of kidnapping in the second degree, vacating the sentence imposed thereon, and thereupon dismissing count two of the indictment; as so modified, the judgment is affirmed insofar as appealed from.
The defendant was indicted as a juvenile offender (see, CPL 1.20 [42]; see also, Penal Law § 30.00 [2]) for attempted murder in the second degree and assault in the...
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