It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, murder in the first degree (Penal Law § 125.27 [1] [a] [vii]; [b]) and kidnapping in the first degree (§ 135.25 [3]). We reject defendant's contention that the indictment was insufficient because the victim's death was improperly "double counted" as an element of both murder in the...
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