People v Bjorntzen (Daqon)

[*1] People v Bjorntzen (Daqon) 2015 NY Slip Op 51369(U) Decided on September 25, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 25, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman J.P., Hunter, Jr., Ling-Cohan, JJ.
14-021

The People of the State of New York, Respondent,

against

Daqon Bjorntzen, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), rendered August 9, 2012, convicting him, upon his plea of guilty, of one count of criminal possession of a weapon in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Marc J. Whiten, J.), rendered August 9, 2012, affirmed.

We find unavailing defendant's sole appellate argument that the misdemeanor complaint was never converted to an information, since the underlying complaint satisfied the prima facie case requirement applicable to an information (see People v Kalin, 12 NY3d 225, 228 [2009]; People v Pearson, 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011]). Indeed, defendant does not dispute that the factual allegations contained in the complaint were sufficient to establish reasonable cause to believe, and a prima facie case, that he committed the weapon possession offense at issue. Any hearsay defect in the accusatory instrument was waived by defendant's guilty plea (see People v Casey, 95 NY2d 354, 362-364 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: September 25, 2015