People v. Cohen

Appeal by the defendant from a judgment of the County Court, Nassau County (Ease, J.), rendered September 8, 2005, convicting him of attempted kidnapping in the second degree, after a 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 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 AD3d 367, 371 [2005]; People v Schultz, 258 AD2d…