Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 21, 1975, convicting him of kidnapping in the second degree and menacing, after a nonjury trial, and imposing sentence. Judgment modified, on the law, by reversing the conviction and sentence for kidnapping in the second degree, and the said count is dismissed. As so modified, judgment affirmed (People v Lombardi, 20 N.Y.2d 266; People v Levy, 15 N.Y.2d 159; People v Watts, 48 A.D.2d 863; People v Usher, 49 A.D.2d 499; People v Cassidy, 50 A.D.2d 803). Rabin, Acting P.J., Hopkins, Latham, Margett and Christ, JJ., concur.