People v. Rios

— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered September 25,1980 upon a verdict convicting defendant of the crime of kidnapping in the second degree. On April 9,1980, at about 6:00 p.m., Debra Drozdzal allowed her three- and one-half-year-old son out to play on the front porch. Approximately 10 minutes later, she noticed he was gone. After making a quick search, she notified the authorities that her son was missing. With the aid of information from a confidential informant, the police located the child in defendant’s unlit apartment, crying but unharmed.…