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 was convicted of rape in the second degree, kidnapping in the second degree, promoting prostitution in the second degree, and two counts of promoting prostitution in the third degree after the complainant testified...
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