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Wilson v. Perez

United States District Court, S.D. New York

June 17, 2015

REGINALD WILSON, Petitioner,
v.
ADA PEREZ, Superintendent of the Downstate Correctional Facility, Respondent.

Reginald Wilson Downstate Correctional Facility Fishkill, NY Petitioner (Pro Se).

Lisa M. Denig, Assistant District Attorney, Westchester District Attorney's Office, White Plains, NY, for Respondent.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Petitioner Reginald Wilson brings this pro se habeas corpus petition pursuant to section 2254 of Title 28 of the United States Code challenging his state court conviction following a jury trial in New York Supreme Court, Westchester County.[1] After being convicted of Burglary in the Second Degree, [2] Grand Larceny in the Fourth Degree, [3] Criminal Possession of Stolen Property in the Fourth Degree, [4] Possession of Burglar's Tools, [5] and Obstructing Governmental Administration in the Second Degree, [6] Wilson was sentenced to concurrent terms of sixteen years-to-life, two-to-four years, two-to-four years, one year, and one year, respectively.[7]

On November 2, 2011, Wilson filed the instant Amended Petition, challenging his conviction on the following grounds: (1) the prosecutor failed to disclose Brady material; (2) the trial court erred in allowing uncharged crimes and undisclosed evidence to be referenced by the prosecution and viewed by the jury; (3) the state courts failed to render a full and fair litigation of Wilson's Fourth Amendment claims; (4) the police officers arrested Wilson outside of the geographic jurisdiction of their department; and (5) the materials adduced at trial were procured in violation of Wilson's constitutional rights.[8] For the following reasons, the Amended Petition is denied.

II. BACKGROUND

A. The Offending Conduct

The crimes underlying Wilson's conviction occurred on June 30, 2005.[9] At that time, Wilson - a suspect in a number of area burglaries - was under the surveillance of the Harrison Police Department, which tracked him using a global positioning ("GPS") device that had been placed on his car pursuant to a court order.[10] The GPS device revealed that Wilson, who lived in Queens, was driving back and forth along the same small road in Scarsdale, New York for about fifteen minutes.[11] Wilson then drove to Rockledge Road in nearby Greenburgh.[12] In response, two Harrison detectives drove to Rockledge Road, where they observed Wilson's unoccupied car parked outside of an apartment complex.[13] Ten minutes later, one of the detectives watched Wilson, empty-handed, walk from one cluster of apartment buildings to another.[14] Shortly thereafter, the detective saw Wilson emerge from the second cluster of buildings carrying a black bag with gold lettering that read "MGM."[15] Wilson put the bag in his car and drove away.[16]

One of the detectives pursued him and notified the Greenburgh police department, which dispatched its own detective and officer to follow Wilson[17] Shortly thereafter, a Greenburgh police officer pulled Wilson over and noticed the MGM bag on the front seat.[18] According to the officer, because Wilson repeatedly refused to provide his license and registration or step out of the car, the officer opened the driver's side door and removed Wilson from the car.[19] A detective then patted down Wilson and found a pair of lined leather gloves in his front pants pocket.[20] Inside the MGM bag, he found a laptop computer with the name "Ivette Matias" written in marker on the bottom.[21] The bag also contained jewelry and several coins.[22] On the floor of the car, the police found a pair of vice grips.[23] Wilson was placed under arrest, and after his car was impounded, an inventory search revealed a suitcase full of sunglasses in the trunk, as well as a camcorder that had been reported stolen nine days earlier.[24]

B. Procedural History

Prior to trial, the court held a two-day hearing to determine the admissibility of the evidence obtained from the stop and search of Wilson's car.[25] The court ruled in favor of the prosecution, which offered the laptop computer, jewelry, coins, and MGM bag into evidence at trial without objection by Wilson.[26] On April 4, 2007, Wilson was convicted by a jury of second degree burglary, fourth degree grand larceny, fourth degree criminal possession of stolen property, second degree obstructing governmental administration, and possession of burglar's tools[27] Following the trial, Wilson moved pro se to set aside his verdict pursuant to article 330.30 of New York Criminal Procedure Law ("CPL") on Fourth Amendment grounds.[28] The court denied his motion, noting that his claim of lack of probable cause was "not preserved for appellate review and was properly denied on the merits at the pre-trial hearing."[29] The judgment of conviction was entered on July 6, 2007.[30]

Wilson appealed his conviction to the Appellate Division, Second Department, raising the following claims: (1) the stop of his vehicle violated his Fourth Amendment rights; (2) the trial court erred in allowing uncharged crimes and undisclosed evidence to be referenced by the prosecution and viewed by the jury; (3) the prosecutor failed to disclose Brady material; and (4) the trial court improperly sentenced Wilson as a persistent felony offender.[31] On March 1, 2011, the Appellate Division ...


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