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PEOPLE v. COHEN

47 A.D.3d 828 (2008)

849 N.Y.S.2d 171

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HILTON COHEN, Appellant.

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

Decided January 22, 2008.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, his waiver of indictment was not invalidated by the vacatur of the original judgment of conviction pursuant to CPL 440.10, as the original judgment was vacated for reasons unrelated to the validity of the waiver of indictment (see People v Rivera, 24 A.D.3d 367, 371 [2005]; People v Schultz, 258 A.D.2d 879

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