People v. Frederick

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered September 12, 2007, convicting defendant, after a nonjury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Where the court dismissed the indictment pursuant to CPL 200.80 as superseded by a new indictment, and subsequently dismissed the superseding indictment as procedurally defective, it properly reinstated the original indictment (see People v Clarke, 55 AD3d 1447, 1448 [2008], lv denied 11 NY3d 923 [2009]; see also People v Rosa, 265 AD2d 167 [1999], lv…