People v McTyere

Summary

The New York Appellate Division, Fourth Department unanimously affirmed Willie McTyere’s convictions for first-degree reckless endangerment and second-degree criminal possession of a weapon. The court rejected challenges concerning statutory speedy trial readiness, constitutional speedy trial preservation, and the timeliness of an order compelling a buccal swab for DNA testing.

Holdings

1. The indictment was properly not dismissed because the prereadiness delays chargeable to the People, even when combined with the assumed 132 days of chargeable postreadiness delay, did not exceed six months.
2. The declaration of readiness was not illusory because, at the time of the declaration, the People could establish a prima facie case and proceed to trial without the subsequently acquired DNA test results.
3. The constitutional speedy-trial claim was unpreserved because defendant moved to dismiss only on statutory speedy-trial grounds, and the court declined to review it in the interest of justice.
4. County Court properly granted the People's motion to compel defendant to submit to a buccal swab because good cause existed for the delay, the evidence was relevant, and defendant was not prejudiced.

Questions Presented

1. Whether the indictment should have been dismissed because the People were not ready for trial within six months under CPL 30.30.
2. Whether the People's declaration of readiness was illusory because DNA test results had not yet been obtained.
3. Whether defendant's constitutional speedy-trial claim could be reviewed despite his failure to preserve it.
4. Whether County Court properly granted the People's allegedly untimely motion to compel defendant to submit to a buccal swab for DNA testing.

Disposition

affirmed