| People v Wingate |
| 2016 NY Slip Op 05823 [142 AD3d 630] |
| August 17, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Terry Wingate, Appellant. |
Lynn W. L. Fahey, New York, NY (Anna Kou of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, KeithDolan, and Michael L. Akavan [Sullivan & Cromwell, LLP], of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Dwyer, J.), rendered September 16, 2014, convicting him of assault in the second degreeand criminal contempt in the first degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The Supreme Court improvidently exercised its discretion in allowing the People tointroduce certain uncharged crime evidence (see People v Alvino, 71 NY2d 233,241-242 [1987]; see also Peoplev Resek, 3 NY3d 385, 390 [2004]; cf. People v Dorm, 12 NY3d 16, 19 [2009]; People v Pham, 118 AD3d1159, 1161 [2014]; People v Ashman, 292 AD2d 458, 458-459 [2002]).However, contrary to the defendant's contention, under the circumstances of this case, theerror did not deprive him of his due process right to a fair trial (see People vCrimmins, 36 NY2d 230, 238 [1975]; see also People v Smith, 131 AD3d 1270, 1273[2015]).
The defendant's contention that the sentence imposed was improperly based on thecrime of which he was acquitted is unpreserved for appellate review (see CPL470.05 [2]; People vMalcolm, 131 AD3d 1068, 1071 [2015]; People v Morgan, 27 AD3d 579, 580 [2006]) and, in anyevent, without merit (see People v Morgan, 27 AD3d at 580; People vRobinson, 250 AD2d 629, 629 [1998]; cf. People v Grant, 94 AD3d 1139, 1141-1142 [2012]).Moreover, the sentence imposed was not excessive (see People v Suitte, 90 AD2d80 [1982]). Chambers, J.P., Dickerson, Duffy and LaSalle, JJ., concur.