PEOPLE v. WICHT


48 A.D.3d 491 (2008)

851 N.Y.S.2d 266

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL WICHT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 5, 2008.


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's challenge to the constitutionality of Penal Law § 235.22, as originally enacted in 1996, is unpreserved for appellate review (see People v Baumann & Sons Buses, Inc., 6 N.Y.3d 404, 408 [2006]; People v Davidson, 98 N...

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