The kidnapping in the first degree charge was not established beyond a reasonable doubt due to the insufficiency of the proof with regard to the "abduct" element of the crime, and respondent's motion to dismiss for legal insufficiency preserved this issue for our review. A person is guilty of kidnapping in the first degree when he abducts someone and restrains the person abducted for a period of more than 12 hours with intent to inflict physical injury upon her or violate...
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