PEOPLE v. VAUGHN

The court properly declined to submit kidnapping in the second degree and unlawful imprisonment in the second degree as lesser included offenses of kidnapping in the first degree. In light of the victim's integrated testimony establishing an abduction for ransom, there was no reasonable view of the evidence, viewed most favorably to defendant, that defendant was guilty of either of the lesser crimes, but not guilty of first-degree kidnapping ( see People v. Negron, 91 N.Y.2d 788; People v. Scarborough, 49 N.Y.2d 364, 371-374). Furthermore, there was no reasonable view of the evidence that defendant lacked the intent to abduct the victim for ransom.

The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.