People v. Johnson, 63 A.D.3d 518 (N.Y. App. Div. 1st Dep't 2009). · Go Syfert
People v. Johnson, 63 A.D.3d 518 (N.Y. App. Div. 1st Dep't 2009). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2010 → 2026 · click a year to view as-of
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At page 518 Justifying police action based on proximity to crime11 citing cases“highly unlikely that the suspect had departed and that, almost at the same moment, an innocent person of identical appearance coincidentally arrived on the scene”4 citing courts quote it · 9 listed here
  • People v. Mercer, 211 A.D.3d 612 (N.Y. App. Div. 1st Dep't 2022).published 2 cites
    Although the arrest occurred on a busy street, and the radioed description did not state the suspect's location, it is clear from the hearing evidence that defendant was arrested less than a block from the just-completed drug transaction,…
  • People v. Ward, 2018 NY Slip Op 3475 (N.Y. App. Div. 1st Dep't 2018).published
    Although the description was somewhat general, it was sufficient to justify the police actions because the spatial and temporal factors made it "highly unlikely that the suspect had departed and that . . . an innocent person of identical a…
  • People v. Perez, 156 A.D.3d 507 (N.Y. App. Div. 1st Dep't 2017).published
    This description was sufficiently specific, in context, because the close spatial and temporal proximity between the crime and the police encounter with defendant made it “highly unlikely that the suspect had departed and that. . . an inno…
  • People v. Jones, 148 A.D.3d 1666 (N.Y. App. Div. 4th Dep't 2017).published 2 cites
    Inasmuch as defendant’s temporal and spatial proximity to the area from where the shots were fired “made it highly unlikely that the suspect had departed and that, almost at the same moment, an innocent person . . . coincidentally arrived…
  • People v. Williams, 146 A.D.3d 410 (N.Y. App. Div. 1st Dep't 2017).published
    The police had reasonable suspicion to detain defendant for a showup identification, based on a radioed description that was sufficiently specific, in context, because the extremely close spatial and temporal proximity between the crime an…
  • Jones, Justin, People v., No. KA 13-00818 (N.Y. App. Div. 4th Dep't Mar. 24, 2017).published
  • People v. Rogers, 71 A.D.3d 457 (N.Y. App. Div. 1st Dep't 2010).published
  • People v. Coleman, 77 A.D.3d 591 (N.Y. App. Div. 1st Dep't 2010).published
  • People v. McRae, 237 A.D.3d 543 (N.Y. App. Div. 1st Dep't 2025).published
Other citing cases1 with no pin cite or quoted language on record
  • People v. Brujan, 104 A.D.3d 481 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Mark Johnson
Appellate Division of the Supreme Court of the State of New York.
Jun 16, 2009.
Published opinion
63 A.D.3d 518
Cited by 257 opinions  |  Published

Judgment, Supreme Court, New York County (John Cataldo, J), rendered March 15, 2007, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. Defendant precisely matched a radioed description of a person who had just completed a drug sale. The description, which included the seller’s location, race, height, weight and the colors of several clothing items, was sufficiently specific to provide probable cause, given the very close temporal and spatial proximity between the sale and the arrest, and the fact that defendant was the only person matching the description (see e.g. People v Rampersant, 272 AD2d 202 [2000], lv denied 95 NY2d 870 [2000]). That proximity made it highly unlikely that the suspect had departed and that, almost at the same moment, an innocent person of identical appearance coincidentally arrived on the scene. Concur—Saxe, J.E, Sweeny, Moskowitz, Acosta and Richter, JJ.