Opinion
March 11, 1994
Appeal from the Wyoming County Court, Dadd, J.
Present — Green, J.P., Pine, Fallon, Callahan and Boehm, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of unlawful imprisonment in the first degree is not supported by legally sufficient evidence. We agree. Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we conclude that the People failed to establish that defendant restrained the Police Chief (see, Penal Law § 135.00; § 135.10). Thus, we modify the judgment by reversing defendant's conviction of unlawful imprisonment in the first degree, vacating the sentence imposed thereon and dismissing count three of the indictment.