People v. Toppins

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 16, 1975, convicting him of rape in the first degree and kidnapping in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law and the facts, by reduc*900ing the conviction of kidnapping in the second degree to a conviction of unlawful imprisonment in the first degree, and vacating the sentence imposed thereon. As so modified, judgment affirmed and case remanded to Criminal Term for resentence on the conviction of unlawful imprisonment in the first degree. Under the facts and…