PEOPLE v. COLE

2013-06436, Ind. No. 9928/11.

140 A.D.3d 1183 (2016)

33 N.Y.S.3d 466

2016 NY Slip Op 05164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN COLE, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 29, 2016.


Ordered that the judgment is modified, on the law and on the facts, by vacating the convictions of unlawful imprisonment in the second degree and assault in the third degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that the conviction of kidnapping in the second degree was supported by legally sufficient...

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