Burke, J. (dissenting). I would affirm defendant’s convictions on the three kidnapping counts, one count of first degree attempted rape and three counts of second degree assault. In my opinion, this court’s decision in People v. Levy (15 N Y 2d 159 [1965]) does not preclude an affirmance of defendant’s kidnapping convictions, nor does the allegedly inflammatory summation of the prosecutor constitute reversible er…
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