Crimes - Appeal - Valid Waiver of Appeal - Constitutional Challenge to Weapon Possession Statute and Speedy Trial Claim Foreclosed

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 US 1 [2022]) (see People v Johnson, 225 AD3d 453, 453-454 [1st Dept 2024], lv granted 42 NY3d 939 [2024]), as well as his speedy trial claim under CPL 30.30 (see People v Person, 184 AD3d 447, 447 [1st Dept 2020], lv denied 35 NY3d 1069 [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 AD3d at 455).

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 AD2d 681 [1st Dept 1990], affd 78 NY2d 909 [1991]). Concur—Kern, J.P., Friedman, Kapnick, Gesmer, Rodriguez, JJ.