Appellate Division of the Supreme Court of the State of New York March 29, 2000 (People v. Slater)

—Judgment unanimously modified on the law and as modified affirmed and new trial granted on counts one and eight of the indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of, inter alia, attempted murder in the second degree (Penal Law §§ 110.00,125.25), kidnapping in the second degree (Penal Law § 135.