People v. Wager

2 Citing cases

  1. Wager v. Cunningham

    No 08-CV-2676 (JFB) (E.D.N.Y. Jun. 8, 2010)

    The Appellate Division unanimously affirmed the judgment of conviction in a decision and order dated November 6, 2006. People v. Wager, 823 N.Y.S.2d 522 (App. Div. 2006). On December 29, 2006, leave to appeal to the Court of Appeals was denied.

  2. People v. Woods

    115 A.D.3d 997 (N.Y. App. Div. 2014)   Cited 18 times

    2d 284;People v. Soscia, 96 A.D.3d 1081, 946 N.Y.S.2d 653). Moreover, although, upon the exercise of our factual review power, this Court may make its own findings of fact if it determines that the hearing court incorrectly assessed the evidence ( see People v. Lewis, 107 A.D.3d 826, 827, 966 N.Y.S.2d 687;People v. Anderson, 91 A.D.3d 789, 937 N.Y.S.2d 109;Matter of Robert D., 69 A.D.3d 714, 716–717, 892 N.Y.S.2d 523), we cannot say that the hearing court was incorrect in crediting the police officer's testimony ( see People v. Lewis, 107 A.D.3d at 827, 966 N.Y.S.2d 687). By pleading guilty, the defendant forfeited his contention regarding the denial of his application to dismiss the count of the indictment that charged him with criminal possession of a weapon in the second degree, based upon the sufficiency of the evidence before the grand jury ( see e.g. People v. Hansen, 95 N.Y.2d 227, 233, 715 N.Y.S.2d 369, 738 N.E.2d 773;People v. Devodier, 102 A.D.3d 884, 885, 958 N.Y.S.2d 220;People v. Wager, 34 A.D.3d 505, 506, 823 N.Y.S.2d 522).