Ordered that the judgment is modified, on the law, by vacating the conviction of kidnapping in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support his conviction of kidnapping in the first degree (Penal Law § 135.25 [3]) is unpreserved for appellate review (see CPL 470.05 [2]; People...
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