| People v Cohen |
| 2008 NY Slip Op 00515 [47 AD3d 828] |
| January 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v HiltonCohen, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Kase, J.),rendered September 8, 2005, convicting him of attempted kidnapping in the second degree, aftera nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, his waiver of indictment was not invalidated by thevacatur of the original judgment of conviction pursuant to CPL 440.10, as the original judgmentwas vacated for reasons unrelated to the validity of the waiver of indictment (see People v Rivera, 24 AD3d367, 371 [2005]; People v Schultz, 258 AD2d 879, 880 [1999]). When thedefendant's original judgment of conviction was vacated, the superior court information wasreinstated (see People v Rivera, 24 AD3d at 371; People v Schultz, 258 AD2d at880). In addition, the record demonstrates that his waiver of indictment was valid (seeCPL 195.10, 195.20; People v Hill, 269 AD2d 404, 405 [2000]; People vSchultz, 258 AD2d at 879-880; seealso People v Decclesis, 18 AD3d 882 [2005]; People v Gonzalez, 299 AD2d581, 582 [2002]).
The defendant's remaining contentions are unpreserved for appellate review (see CPL470.05 [2]) and, in any event, are without merit. Spolzino, J.P., Skelos, Florio and Dickerson, JJ.,concur.