PEOPLE v. CHAOPENG CHEN (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. CHAOPENG CHEN, Defendant-Appellant.

570302 /18

Decided: March 15, 2024

PRESENT: Tisch, J.P., James, Perez, JJ.

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 NY3d 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 NY3d 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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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