Opinion
No. 570302/18
03-15-2024
The People of the State of New York, Respondent, v. Chaopeng Chen, Defendant-Appellant.
Unpublished Opinion
PRESENT: Tisch, J.P., James, Perez, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Laurie Peterson, J.), rendered April 24, 2018, convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.
Judgment of conviction (Laurie Peterson, J.), rendered April 24, 2018, affirmed.
By pleading guilty, defendant forfeited his claim that the court did not properly convert the felony complaint into a misdemeanor complaint pursuant to CPL 180.50(3)(a)(iii) (see People v Hunter, 5 N.Y.3d 750, 751 [2005]; People v Pereira, 78 Misc.3d 130 [A], 2023 NY Slip Op 50319[U] [App Term, 1st Dept 2023], lv denied 40 N.Y.3d 930 [2023]).
In any event, even if the claim had merit, we would vacate the plea and remit the matter for further proceedings on the felony complaint. Defendant, however, does not seek that relief.