People v Blanding

Holding The Appellate Division affirmed the denial of the defendant’s CPL 440.20 motion to set aside his sentence. The court held that the defendant waived his argument regarding jury determination of tolling periods and that any potential error was harmless.

The court’s words

Defendant waived his argument that pursuant to Erlinger v United States (602 US 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).

2026 NY Slip Op 06529, at the official text

Moreover, Erlinger does not apply to New York's tolling provision (see People v Young, — AD3d —, —, 2026 NY Slip Op 02883, *7-8 [1st Dept 2026]).

2026 NY Slip Op 06529, at the official text

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).

2026 NY Slip Op 06529, at the official text