People v. Wingo, 103 A.D.3d 1036 (N.Y. App. Div. 2013). · Go Syfert
People v. Wingo, 103 A.D.3d 1036 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Peasley
N.Y. App. Div. · 2022 · confidence medium
As to the $5,000 in fines imposed on him at sentencing, defendant failed to object at that time and his contention is therefore unpreserved and, in any event, without merit ( see People v Hernandez , 140 AD3d 1521 , 1523 [3d Dept 2016], lv denied 28 NY3d 971 [2016]; People v Wingo , 103 AD3d 1036, 1037 [3d Dept 2013], lv denied 21 NY3d 1021 [2013]).
discussed Cited as authority (rule) People v. Sequin
N.Y. App. Div. · 2022 · confidence medium
As defendant voiced no objection to such amount at the time of sentencing, her challenge to the severity of the fine is unpreserved for our review ( see People v Hernandez , 140 AD3d at 1523 ; People v Wingo , 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]; cf. People v Mejia , 195 AD3d 1043, 1044 [2021], lv denied 37 NY3d 994 [2021]), and we decline defendant's invitation to take corrective action in the interest of justice.
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2019 · confidence medium
Although each of the four identification witnesses had a criminal history and had entered into cooperation agreements with the People, and there were certain inconsistencies in their testimony, these circumstances do not render their testimony incredible as a matter of law ( see People v Wingo , 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]; People v Callicut , 101 AD3d 1256 , 1259 [2012], lvs denied 20 NY3d 1096 , 1097 [2013]).
discussed Cited as authority (rule) People v. Quintana
N.Y. App. Div. · 2018 · confidence medium
Moreover, defendant elicited testimony from the CI regarding, among other things, his history of drug abuse and use of heroin, his criminal and arrest history and his inconsistent statements made between his grand jury and trial testimony, thereby providing the jury with ample information to determine the extent to which the CI should be found credible ( see People v Magee , 135 AD3d 1176, 1179-1180 [2016]; People v Nicholas , 130 AD3d 1314, 1315-1316 [2015]; People v Gibson , 121 AD3d at 1418; People v Wingo , 103 AD3d 1036, 1036-1037 [2013], lv denied 21 NY3d 1021 [2013]; People v Wilson , 1…
discussed Cited as authority (rule) People v. Magee
N.Y. App. Div. · 2016 · confidence medium
The jury was aware of the favorable plea agreement that Colombe negotiated, that he admittedly used drugs prior to the transaction and of his criminal background, and it could utilize its collective judgment to assess his credibility (see People v Nicholas, 130 AD3d 1314, 1315 [2015]; People v Richards, 124 AD3d 1146, 1147 [2015], lv denied 25 NY3d 992 [2015]; People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]).
discussed Cited as authority (rule) People v. Mathews
N.Y. App. Div. · 2015 · confidence medium
While defendant challenged the credibility of both the victim and Dobbs, based on their criminal records and purported involvement with drugs, the credibility of these witnesses was within the province of the jury to assess (see People v Launder, 132 AD3d 1151, 1153 [2015]; People v Richards, 124 AD3d 1146, 1147 [2015], lv denied 25 NY3d 992 [2015]; People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]).
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2015 · confidence medium
That said, our weight of the evidence review “necessarily includes our verification that the elements of the crime were established” (People v Wingo, 103 AD3d 1036, 1036 [2013], lv denied 21 NY3d 1021 [2013]; see People v Pine, 126 AD3d 1112, 1114 [2015]).
discussed Cited as authority (rule) People v. Launder
N.Y. App. Div. · 2015 · confidence medium
These allegations were presented to the jury, which clearly credited their testimony (see People v Nicholas, 130 AD3d 1314, 1315 [2015]; People v Richards, 124 AD3d 1146, 1147 [2015], lv denied 25 NY3d 992 [2015]; People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]).
examined Cited as authority (rule) People v. Nicholas (3×)
N.Y. App. Div. · 2015 · confidence medium
Although the Cl gave testimony that was inconsistent with his grand jury testimony, received compensation for executing the crack cocaine purchase, worked with law enforcement on other controlled buys for approximately five years and had an extensive criminal history, such information was presented to the jury, which clearly credited the Cl’s testimony (see People v Richards, 124 AD3d 1146, 1147 [2015], lv denied 25 NY3d 992 [2015]; People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]; People v Tisdale, 103 AD3d 987, 988 [2013], lv denied 21 NY3d 1010 [2013]).
discussed Cited as authority (rule) People v. Capers
N.Y. App. Div. · 2015 · confidence medium
In addition, the veracity of Catoria Pittman’s account, in light of her relation to Pittman and her incomplete grand jury testimony, 3 was a credibility determination properly left to the jury (see People v Romero, 7 NY3d 633, 645 [2006]; People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]).
discussed Cited as authority (rule) People v. Brooks
N.Y. App. Div. · 2015 · confidence medium
However, these issues were fully developed at trial and highlighted to the jury, and the victim’s testimony was not contradicted by any compelling evidence offered by defendant so as to render it unworthy of belief or “establish a basis upon which to disturb the jury’s resolution of these credibility issues” (People v Mitchell, 57 AD3d 1308, 1309 [2008] [internal quotation marks, brackets and citations omitted]; see People v Brabham, 126 AD3d 1040, 1041 [2015]; People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]; People v Moyer, 75 AD3d 1004, 1006 [2010]).
discussed Cited as authority (rule) People v. Hare
N.Y. App. Div. · 2015 · confidence medium
When viewed in totality, we have no difficulty concluding that defendant received meaningful representation (see People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]; People v Brickle, 244 AD2d 700, 702 [1997], lv denied 91 NY2d 889 [1998]).
discussed Cited as authority (rule) People v. Lancaster
N.Y. App. Div. · 2014 · confidence medium
Although he concedes that his claim of legal insufficiency was not preserved for this Court’s review (see People v Hawkins, 11 NY3d 484, 491-492 [2008]), “our review of the weight of the evidence necessarily includes our verification that the elements of the crime were established” (People v Wingo, 103 AD3d 1036, 1036 [2013], lv denied 21 NY3d 1021 [2013]).
discussed Cited as authority (rule) People v. Lancaster
N.Y. App. Div. · 2014 · confidence medium
Although he concedes that his claim of legal insufficiency was not preserved for this Court’s review (see People v Hawkins, 11 NY3d 484, 491-492 [2008]), “our review of the weight of the evidence necessarily includes our verification that the elements of the crime were established” (People v Wingo, 103 AD3d 1036, 1036 [2013], lv denied 21 NY3d 1021 [2013]).
discussed Cited as authority (rule) People v. Estella
N.Y. App. Div. · 2013 · confidence medium
While many of the witnesses had extensive criminal records and some of the prosecution witnesses had pending charges against them reduced in exchange for their cooperation, those circumstances were fully explored during cross-examination, and the jury chose to believe the testimony of the People’s witnesses (see People v Wingo, 103 AD3d 1036, 1037 [2013]; People v Jones, 101 AD3d 1241, 1242 [2012]).
discussed Cited as authority (rule) People v. Estella
N.Y. App. Div. · 2013 · confidence medium
While many of the witnesses had extensive criminal records and some of the prosecution witnesses had pending charges against them reduced in exchange for their cooperation, those circumstances were fully explored during cross-examination, and the jury chose to believe the testimony of the People’s witnesses (see People v Wingo, 103 AD3d 1036, 1037 [2013]; People v Jones, 101 AD3d 1241, 1242 [2012]).
discussed Cited "see" People v. Hernandez
N.Y. App. Div. · 2016 · signal: see · confidence high
While defendant’s challenge to the $4,000 in fines imposed survives the appeal waiver “because the amount of the fine[s] is not included in the terms of the plea bargain set forth in the record” (P eople v Etkin, 284 AD2d 579, 580-581 [2001], lv denied 96 NY2d 862 [2001]; see People v Ortiz, 104 AD3d 1202, 1203 [2013]), defendant failed to object to the imposition of a fine at sentencing or otherwise preserve his contention for our review (see People v Wingo, 103 AD3d 1036, 1037 [2013], lv denied 21 NY3d 1021 [2013]; People v Trimm, 295 AD2d 640, 642 [2002], lv denied 98 NY2d 732 [2002];…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Terry C. Wingo
Appellate Division of the Supreme Court of the State of New York.
Feb 28, 2013.
103 A.D.3d 1036
McCarthy.
Cited by 19 opinions  |  Published
McCarthy, J.

Appeal from a judgment of the County Court of Delaware County (Becker, J.), rendered January 31, 2011, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.

After a confidential informant (hereinafter Cl) purchased cocaine from defendant, he was charged with and convicted of criminal sale of a controlled substance in the third degree. County Court imposed a sentence of four years in prison followed by one year of postrelease supervision, plus a $5,000 fine and $50 restitution. Defendant appeals.

Defendant contends that his conviction is not supported by legally sufficient evidence and is against the weight of the evidence. Initially, we note that defendant failed to preserve his legal sufficiency argument by moving to dismiss at the close of the People’s proof, but our review of the weight of the evidence necessarily includes our verification that the elements of the crime were established (see People v Harvey, 96 AD3d 1098, 1099 n [2012], lv denied 20 NY3d 933 [2012]). The Cl testified that she made a telephone call to arrange to buy drugs, went to an apartment known for drug sales, gave defendant $50 and he gave her cocaine. A scientist testified that the substance did,[*1037] indeed, contain cocaine. Portions of the CPs testimony were inconsistent with her own testimony, her prior grand jury testimony or the testimony of the detective who supervised the drug buy. Additionally, the Cl was a drug addict, possibly used drugs on the day of the buy, had a long criminal record, was working with the police to reduce criminal charges pending against her and had nine pending charges at the time of her testimony. These circumstances do not render her testimony incredible as a matter of law. Because the jury was aware of these circumstances when assessing the Cl’s credibility, and obviously believed her testimony that she purchased the cocaine from defendant, we will not intrude on the jury’s findings (see People v Miles, 61 AD3d 1118, 1120 [2009], lv denied 12 NY3d 918 [2009]). Therefore, the verdict is not against the weight of the evidence.

County Court’s imposition of a $5,000 fine was proper. Defendant failed to preserve any challenge to the fine, as he did not object to its imposition at sentencing (see People v Carrillo, 257 AD2d 780, 783 [1999], lv denied 93 NY2d 967 [1999]). In any event, the court was not required to make specific findings as they are only necessary when the fine is based on any profit or gain that the defendant realized from the commission of the crime (see Penal Law § 80.00 [3]; People v Carrillo, 257 AD2d at 783), which was not the basis here.

Defendant received the effective assistance of counsel. While counsel did not move to dismiss at the close of the People’s case or object to the fine at sentencing, defendant was not prejudiced because the motion and objection would not have been successful. Counsel did not file a pretrial motion to exclude prior immoral and uncharged criminal acts of defendant, but such evidence was either admissible to provide background information concerning the relationship between the witnesses and defendant or was elicited by defense counsel. Defendant now claims that counsel was ineffective for eliciting this information from the detective, but the questions that counsel asked appear to be part of a reasonable strategy and only inadvertently elicited the detective’s negative responses about defendant, such as that he was a known drug dealer. Viewing the trial overall, counsel effectively attacked the witnesses’ credibility and advanced a legitimate defense strategy, thereby providing meaningful representation (see People v Alsaifullah, 96 AD3d 1103, 1105 [2012], lv denied 19 NY3d 994 [2012]; People v Bruno, 63 AD3d 1297, 1298-1299 [2009], lv denied 13 NY3d 858 [2009]).

Rose, J.P., Spain and Stein, JJ., concur. Ordered that the judgment is affirmed.