Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered December 16, 2010, convicting him, after a nonjury trial, of attempted assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered December 16, 2010, affirmed.

By proceeding to trial without objection, defendant waived any nonjurisdictional hearsay defect that may have existed in the complainant's supporting deposition filed in converting the misdemeanor complaint to an information (see People v Casey, 95 NY2d 354 [2000]; People v Connor, 63 NY2d 11 [1984]). Thus, defendant's argument that the subsequently filed prosecutor's information was "invalid" in "impermissibly supersed[ing] an unconverted misdemeanor complaint," is without basis. We note that defendant's commission of the violent, unprovoked attack giving rise to this prosecution was firmly established at trial, through the credited testimony of the complainant and an eyewitness, as well as photographic evidence reflecting the nature and severity of the complainant's head and other injuries, proof which defendant does not now challenge on sufficiency or weight of the evidence grounds.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 11, 2012