Appeal from judgments of the Criminal Court of the City of New York, Kings County (John DeLury, J.H.O.), rendered October 30, 2009. The judgments convicted defendant, after a nonjury trial, of disorderly conduct and violating New York City's Open Container Law.

ORDERED that the appeal from the judgment convicting defendant of violating New York City's Open Container Law is dismissed as abandoned; and it is further,

ORDERED that the judgment convicting defendant of disorderly conduct is affirmed.In separate accusatory instruments, defendant was charged with reckless driving (Vehicle and Traffic Law § 1212) and violating New York City's Open Container Law (Administrative Code of City of NY § 10-125 [b]). Following a nonjury trial, defendant was convicted of both charges. At the request of defense counsel, the reckless driving conviction, a class B misdemeanor, was reduced to a conviction for disorderly conduct (Penal Law § 240.20), a violation, for the purposes of sentencing.

Since defense counsel requested that defendant's conviction be "reduced" to disorderly conduct for purposes of sentencing, defendant may not take the benefit of the favorable reduction and then complain about the reduction on appeal (see e.g. People v Stevenson, 31 NY2d 108, 109 n 1 [1972]; People v Colbert, 60 AD3d 1209 [2009]; People v Simpson, 175 AD2d 851, 852 [1991]; People v Legacy, 4 AD2d 453, 455 [1957]). Defendant, thus, waived any challenge to the legal sufficiency of the evidence (see e.g. People v Daniels, 75 AD3d 1169, 1170 [2010]; Colbert, 60 AD3d at 1210; People v McDuffie, 46 AD3d 1385, 1386 [2007]) as well as the weight of the evidence (see e.g. People v Jones, 55 AD3d 349, 350 [2008]) with respect to her conviction for disorderly conduct. Defendant's remaining contentions with respect to the conviction for disorderly conduct lack merit. [*2]

Accordingly, the judgment convicting defendant of disorderly conduct is affirmed.

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: June 29, 2011