People v. Gardner, 16 A.D.3d 117 (N.Y. App. Div. 2005). · Go Syfert
People v. Gardner, 16 A.D.3d 117 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: People v. Cator (nyappdiv, 2018-03-23)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. Cator
N.Y. App. Div. · 2018 · confidence medium
We conclude that the actions of the "hysterical" woman, without more, did not provide the deputy with reasonable suspicion to justify the stop of the vehicle ( see People v Reyes , 69 AD3d 523 , 526-527 [1st Dept 2010], appeal dismissed 15 NY3d 863 [2010]; cf. People v Rosa , 67 AD3d 440 , 440 [1st Dept 2009], lv denied 14 NY3d 773 [2010]; People v Gardner , 16 AD3d 117, 117 [1st Dept 2005], lv denied 4 NY3d 853 [2005]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Bernard Gardner
Appellate Division of the Supreme Court of the State of New York.
Mar 1, 2005.
16 A.D.3d 117
Cited by 1 opinion  |  Published

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered July 24, 2003, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 13 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. In extremely close spatial and temporal proximity to a reported robbery, the responding police observed persons at an upstairs window urgently making gestures indicating that the police should stop defendant and his companion, who, unlike the other members of a crowd in the building courtyard, were attempting to leave the scene. Furthermore, defendant met several significant aspects of the description of one of the robbers. This combination of factors provided, at the very least, reasonable suspicion upon which to detain defendant (see e.g. People v Burgos, 300 AD2d 256 [2002], lv denied 99 NY2d 626 [2003]; People v Cephas, 240 AD2d 169 [1997], lv denied 90 NY2d 938 [1997]; People v Dickerson, 238 AD2d 147 [1997], lv denied 90 NY2d 857 [1997]), after which further investigation revealed defendant had committed crimes in the building.

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.E, Sullivan, Williams, Gonzalez and Catterson, JJ.