Opinion
No. 570415/17
12-13-2023
The People of the State of New York, Respondent, v. Victor McCullers, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Abena Darkeh, J.), rendered April 18, 2017, convicting him, upon his plea of guilty, of aggravated harassment in the second degree, and imposing sentence.
Judgment of conviction (Abena Darkeh, J.), rendered April 18, 2017, affirmed.
Defendant forfeited review of his speedy trial claim by pleading guilty (see People v. Suarez, 55 N.Y.2d 940 [1982]). The recent amendments to CPL 30.30, which, inter alia, permit a defendant who pleaded guilty to raise a statutory speedy trial claim on appeal (see CPL 30.30[6]), are not retroactive, and do not apply to criminal actions commenced prior to the January 1, 2020 effective date of the legislation (see L 2019, ch 59, part KKK, § 1), such as this 2016 action (see People v. Galindo, 38 N.Y.3d 199 [2022]; People v. Hall, 210 A.D.3d 482, 483 [2022], lv denied 39 N.Y.3d 1078 [2023]; People v. Lara-Medina, 195 A.D.3d 542 [2021], lv denied 37 N.Y.3d 993 [2021]).
Given the defects in the plea colloquy, and the absence of any other basis for finding voluntariness, defendant would be entitled to have his plea vacated. However, he does not request that relief, but instead seeks dismissal of the accusatory instrument, and he expressly asks this Court to affirm the judgment if it does not grant dismissal. In view of the seriousness of the charges, we do not find that dismissal would be appropriate and, therefore we affirm (see e.g. People v. Teron, 139 A.D.3d 450 [2016]).
I concur.