People v. Wiggins

95 N.E.3d 303, 72 N.Y.S.3d 1, 31 N.Y.3d 1
CourtCourt for the Trial of Impeachments and Correction of Errors
DecidedFebruary 15, 2018
DocketNo. 15
StatusPublished
Cited by291 cases

This text of 95 N.E.3d 303 (People v. Wiggins) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Wiggins, 95 N.E.3d 303, 72 N.Y.S.3d 1, 31 N.Y.3d 1 (N.Y. Super. Ct. 2018).

Opinions

FAHEY, J.

The answer to the question "how long is too long?" is a difficult one to resolve. However, certain basic principles must guide us. An accused's right to be presumed innocent is protected by the right to prompt justice. Incarceration should generally follow conviction, not precede it. The failure of our criminal justice system to promptly resolve cases erodes faith in its fundamental fairness. This Court has long recognized that "[s]ociety, as well as the defendant, has an important interest in assuring prompt prosecution of those suspected of criminal activity" ( People v. Staley, 41 N.Y.2d 789, 792, 396 N.Y.S.2d 339, 364 N.E.2d 1111 [1977], citing People v. Johnson, 38 N.Y.2d 271, 276, 379 N.Y.S.2d 735, 342 N.E.2d 525 [1975] ). Delays are often inevitable and justifiable. Nevertheless, in discharging their obligation to ensure "that those accused of crimes are swiftly brought to justice" ( Johnson, 38 N.Y.2d at 276, 379 N.Y.S.2d 735, 342 N.E.2d 525 ), the People do not have discretion to indefinitely delay a defendant's trial in order to pursue evidence that would strengthen their case.

***7On this appeal, we must determine whether a lengthy delay between defendant's arrest and his eventual guilty plea violated his constitutional right to a speedy trial. Applying the factors set forth in People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303 (1975) to the circumstances of this case, we conclude that defendant's right to a speedy trial was violated.

I.

On May 24, 2008, after a "sweet sixteen" party, defendant Reginald Wiggins and codefendant Jamal Armstead confronted another partygoer after they were told that the partygoer had insulted their friend. Armstead pointed a gun at the alleged offender and pulled the trigger, but the gun did not fire. Armstead then handed the gun to defendant, who fired a shot that hit a 15-year-old bystander, killing him. Defendant was 16 years old at the time.

Defendant was arrested on May 28, 2008 and remanded without bail. Defendant and Armstead were charged in an indictment with murder in the second degree, two counts of attempted murder in the second degree, and criminal possession of a weapon in the second degree. On August 26, 2008, defendant filed an omnibus motion in Supreme Court seeking, inter *307alia, severance of his case from Armstead's, in part on Bruton grounds (see generally Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 [1968] ). On October 23, 2008, the court held that part of the motion seeking severance on Bruton grounds in abeyance, pending resolution of Armstead's motion to suppress his statements to police. The court, however, did not hold a Huntley hearing in Armstead's case or decide that suppression motion for nearly four years.

For approximately 2½ years, from January 2009 to June 2011, the People sought to obtain Armstead's cooperation in testifying against defendant. The People requested numerous adjournments for that purpose, generally with Armstead's consent. Inasmuch as severance had not yet been granted, these adjournments necessarily also resulted in adjournments of defendant's case. The People pursued Armstead's cooperation for this length of time even though the People acknowledged during later litigation of defendant's speedy trial motion that Armstead "repeatedly indicated through his lawyer that he [would] never testify against the defendant," although they further asserted, without elaboration, that "Armstead himself has wavered on this point."

***8The People's efforts to obtain Armstead's cooperation were unsuccessful. In June 2011, the People presented Armstead with the terms of a cooperation agreement, which Armstead rejected. Armstead's request for reassignment of counsel was granted. In July 2011, the People announced their intention to try Armstead first, separately from defendant. The People hoped that if Armstead was convicted on a top count, he might decide to testify against defendant in exchange for a more lenient sentence. The People further asserted that Armstead's testimony "would significantly enhance the overall nature and quality of the evidence against the defendant." Due to adjournments requested by Armstead's counsel, Armstead's Huntley hearing did not begin until May 2012. In August 2012, the court denied Armstead's motion to suppress his statements.

In the meantime, in October 2011, defendant was involved in a jailhouse altercation. He was convicted of assault in the second degree, and in June 2013, he was sentenced to 4½ years' imprisonment. That judgment was affirmed on appeal ( People v. Wiggins, 132 A.D.3d 514, 17 N.Y.S.3d 421 [1st Dept. 2015], lv denied 27 NY3d 1076, 60 N.E.3d 1212 [2016] ). Defendant was also charged in 2009 with conspiracy and gang assault. Those charges were pending until March 2013, when they were ultimately dismissed.

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Bluebook (online)
95 N.E.3d 303, 72 N.Y.S.3d 1, 31 N.Y.3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wiggins-nycterr-2018.