PEOPLE v. BLANDING (2026)

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Manvitha Kapireddy of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Samuel Z. Golfine of counsel), for respondent.

Order, Supreme Court, New York County (Abraham Clott, J.), entered on or about July 16, 2025, which denied defendant's CPL 440.20 motion to set aside his sentence imposed pursuant to an underlying judgment, same court (Richard D. Carruthers, J.), rendered January 5, 2011, as amended January 6, 2011, convicting him, upon his plea of guilty, of three counts of attempted burglary in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 18 years to life, unanimously affirmed.

Defendant waived his argument that pursuant to Erlinger v. United States (602 U.S. 821 [2024] ), he was entitled to a jury determination regarding whether tolling for periods of incarceration brought his predicate violent felony convictions within the 10–year lookback period provided for in Penal Law §§ 70.04(1)(b)(iv)-(v).  He expressly admitted to the tolling periods set forth in the predicate violent felony convictions statement (see People v. Gomez, 236 AD3d 603, 604–605 [1st Dept 2025], lv denied 43 NY3d 1045 [2025];  see also Penal Law §§ 70.08[1][a], [b] ).  Moreover, Erlinger does not apply to New York's tolling provision (see People v. Young, — AD3d —, —, 2026 N.Y. Slip Op 02883, *7–8 [1st Dept 2026] ).  In any event, any error would be harmless because defendant does not contend, even now, that the court erred in its tolling calculation (see People v. Pleasant, 249 AD3d 619, 620 [1st Dept 2026];  Gomez, 236 AD3d at 605).