THE PEOPLE &C., RESPONDENT, v. DARNELL W. DEXTER, APPELLANT.
94 N.Y.2d 847 (1999).
December 20, 1999
4 No. 200
[99 NY Int. 0182]
Decided
This opinion is uncorrected and subject to revision before publication in the New York Reports.
Philip Rothschild, for appellant.
Victoria M. Anthony, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
Defendant's own alternative request at Supreme Court that the original indictment be reinstated precludes this Court from reaching his current primary contention that Supreme Court did not have the authority to vacate the order dismissing the original indictment (CPL 470.05[2]). The remainder ofdefendant's contentions are either unpreserved, nonreviewable or meritless.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Decided