PEOPLE v. MCGRIER (2025)

Judgments, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered October 18, 2022, convicting defendant, upon his pleas of guilty, of two counts of attempted criminal possession of a weapon in the second degree, and criminal possession of a firearm, and sentencing him to an aggregate term of four years, unanimously affirmed.

Defendant's valid waiver of his right to appeal forecloses review of his claim that his weapon possession convictions are unconstitutional under (New York Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 [2022]) (see People v. Johnson, 225 A.D.3d 453, 453–454, 206 N.Y.S.3d 584 [1st Dept. 2024], lv granted 42 N.Y.3d 939, 217 N.Y.S.3d 895, 242 N.E.3d 680 [2020]), as well as his speedy trial claim under CPL 30.30 (see People v. Person, 184 A.D.3d 447, 447, 126 N.Y.S.3d 14 [1st Dept. 2020], lv denied 35 N.Y.3d 1069, 129 N.Y.S.3d 387, 152 N.E.3d 1189 [2020]).

As an alternative holding, we find that defendant has not established that he has standing to challenge his weapon possession convictions or that the statute is unconstitutional under Bruen (see People v. Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584).

We also hold, in the alternative, that the court correctly concluded that defendant failed to demonstrate the 184 days of includable time required to mandate dismissal on statutory speedy trial grounds (see People v. Tychanski, 165 A.D.2d 681, 560 N.Y.S.2d 141 [1st Dept. 1990], affd 78 N.Y.2d 909, 573 N.Y.S.2d 454, 577 N.E.2d 1046 [1991]).