It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing those parts convicting defendant of kidnapping in the second degree and attempted robbery in the first degree, dismissing count 12 of the indictment, and dismissing count 13 of the indictment without prejudice to the People to re-present any appropriate charges under count 13 of the indictment to another grand jury...
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