Opinion
No. 2023-50976 570750/15
09-18-2023
The People of the State of New York, Respondent, v. Muhammed Barrow, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Guy H. Mitchell, J., at plea; Laurie Peterson, J., at sentencing), rendered June 9, 2015, convicting him, upon his plea of guilty, of petit larceny, and imposing sentence.
Judgment of conviction (Guy H. Mitchell, J., at plea; Laurie Peterson, J., at sentencing), rendered June 9, 2015, 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]; People v Stovall, 61 Misc.3d 127 [A], 2018 NY Slip Op 51338[U] [App Term, 1st Dept 2018]), lv denied 32 N.Y.3d 1115 [2018], and such claim is, in any event, both unpreserved and without merit. Even were we to accept this claim, the proper remedy would be to remand for further proceedings on the felony complaint (see People v Spooner, 22 Misc.3d 136 [A], 2008 NY Slip Op 52664[U] [App Term, 2nd Dept, 9th & 10th Jud Dists 2008]), and defendant specifically declines such relief.