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PEOPLE v. BARNETTE

2013-06435. Ind. No. 9928/11.

150 A.D.3d 1136 (2017)

56 N.Y.S.3d 322

2017 NY Slip Op 04131

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERTRAM BARNETTE, Appellant.

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

Decided May 24, 2017.

Ordered that the judgment is modified, on the law, by vacating the conviction of unlawful imprisonment in the second degree, vacating the sentence imposed thereon, and dismissing that count 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 evidence (see People

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