People v. Rogers, 71 A.D.3d 457 (N.Y. App. Div. 1st Dep't 2010). · Go Syfert
People v. Rogers, 71 A.D.3d 457 (N.Y. App. Div. 1st Dep't 2010). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Cited for
At page 458 “was sufficiently specific, given the close spatial and temporal proximity between the sale and the arrest,”1 citing case1 citing court quotes it
  • People v. McRae, 237 A.D.3d 543 (N.Y. App. Div. 1st Dep't 2025).published 3 cites
    The description, which included defendant's red sneakers, "was sufficiently specific, given the close spatial and temporal proximity between the sale and the arrest," to provide reasonable suspicion to detain defendant pending a confirmato…
At page 457 Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at suppression hearing; Daniel P. FitzGerald, J., at plea and sentence), rendered June 30,…1 citing caseopening of page *457 (no citing court says what it cites this page for)
  • People v. Jackson, 105 A.D.3d 866 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Since a man meeting the general physical description provided by the complainant was found on the specific street corner she named within minutes of her call and confirmed that he was Robert Jackson, under all of the circumstances, there w…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Reggie Rogers
Appellate Division of the Supreme Court of the State of New York.
Mar 9, 2010.
Published opinion
71 A.D.3d 457
Cited by 242 opinions  |  Published

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at suppression hearing; Daniel P. FitzGerald, J., at plea and sentence), rendered June 30, 2008, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 3V2 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The arresting officer’s testimony that defendant was the only person on one side of a particular block at a particular moment was not implausible. In any event, in this case probable cause does not turn on whether defendant was literally the only person present, or instead was[*458] merely the only person who met the undercover officer’s description. In either case, the description, which included defendant’s “furry” jacket, was sufficiently specific, given the close spatial and temporal proximity between the sale and the arrest, to provide probable cause (see e.g. People v Rampersant, 272 AD2d 202 [2000], lv denied 95 NY2d 870 [2000]). There was. sufficient proximity to make 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” (People v Johnson, 63 AD3d 518 [2009], lv denied 13 NY3d 797 [2009]). Concur—Tom, J.P., Friedman, Sweeny, Nardelli and Abdus-Salaam, JJ.