13 New York opinions name it 2 courts 2002–2018 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Johnsongreen2 sentences2018Although 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 appearance coincidentally arrived on the scene" ( People v Johnson , 63 AD3d 518, 518 [2009], lv denied 13 NY3d 797 [2009]). 2014People v Johnson, 63 AD3d 518 [2009], lv denied 13 NY3d 797 [2009]). | 1 | 3 |
People v. Cuevasgreen1 sentence2008While the daughter’s testimony, if credited, would not have rendered the prosecution scenario impossible, it would have rendered that scenario unlikely, supported defendant’s defense, and corroborated his testimony (see People v Cuevas, 67 AD2d 219, 223-225 [1979]; see also People v Jack, 74 NY2d 708 [1989]). | 1 | 1 |
People v. Jackgreen1 sentence2008While the daughter’s testimony, if credited, would not have rendered the prosecution scenario impossible, it would have rendered that scenario unlikely, supported defendant’s defense, and corroborated his testimony (see People v Cuevas, 67 AD2d 219, 223-225 [1979]; see also People v Jack, 74 NY2d 708 [1989]). | 1 | 1 |
People v. Jordangreen1 sentence2007(See People v Hayes, 291 AD2d 334, 335 [1st Dept 2002]; People v Jordan, 178 AD2d 1009, 1010 [4th Dept 1991].) In these situations, one police officer has heard a description of a car and its occupants on a radio transmission immediately after, or soon after, a crime has occurred and the question is whether the apprehending officer has probable cause for an arrest based on the transmission. | 1 | 1 |
People v. Hayesgreen1 sentence2007(See People v Hayes, 291 AD2d 334, 335 [1st Dept 2002]; People v Jordan, 178 AD2d 1009, 1010 [4th Dept 1991].) In these situations, one police officer has heard a description of a car and its occupants on a radio transmission immediately after, or soon after, a crime has occurred and the question is whether the apprehending officer has probable cause for an arrest based on the transmission. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Hendrix
green
2 sentences2018Although 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 appearance coincidentally arrived on the scene" ( People v Johnson , 63 AD3d 518, 518 [2009], lv denied 13 NY3d 797 [2009]). 2014People v Johnson, 63 AD3d 518 [2009], lv denied 13 NY3d 797 [2009]). | 3 | 2014–2018 |
People v. Rampersant
green
2 sentences2006The radioed description was sufficiently specific to provide the arresting officer with reasonable suspicion for defendant’s initial detention pending confirmatory viewing by the undercover officer, given the spatial and temporal factors and the fact that defendant was the only person present matching the description (see People v Haulsey, 298 AD2d 129 [2002], lv denied 99 NY2d 582 [2003]; People v Rampersant, 272 AD2d 202 [2000], lv denied 95 NY2d 870 [2000]). 2004People v Rampersant, 272 AD2d 202 [2000], lv denied 95 NY2d 870 [2000]). | 2 | 2004–2006 |
In re Shah Ronnie J.
neutral
1 sentence2006The radioed description was sufficiently specific to provide the arresting officer with reasonable suspicion for defendant’s initial detention pending confirmatory viewing by the undercover officer, given the spatial and temporal factors and the fact that defendant was the only person present matching the description (see People v Haulsey, 298 AD2d 129 [2002], lv denied 99 NY2d 582 [2003]; People v Rampersant, 272 AD2d 202 [2000], lv denied 95 NY2d 870 [2000]). | 1 | 2006–2006 |
People v. Plato
neutral
1 sentence2004People v Torres, 262 AD2d 161 [1999], lv denied 94 NY2d 867 [1999]; People v Plato, 247 AD2d 317 [1998], lv denied 91 NY2d 976 [1998]). | 1 | 2004–2004 |
People v. Torres
neutral
1 sentence2004People v Torres, 262 AD2d 161 [1999], lv denied 94 NY2d 867 [1999]; People v Plato, 247 AD2d 317 [1998], lv denied 91 NY2d 976 [1998]). | 1 | 2004–2004 |
People v. Ortiz
green
1 sentence2004People v Ortiz, 291 AD2d 273 [2002], lv denied 98 NY2d 679 [2002]). | 1 | 2004–2004 |
Florida v. JL
green
1 sentence2003In contrast to Florida v J.L. ( 529 US 266 ), the police actions were supported by considerably more than an anonymous call (see People v Jenkins, 292 AD2d 188 , lv denied 98 NY2d 711 ; People v Herold, 282 AD2d 1 , lv denied 97 NY2d 682 ). | 1 | 2003–2003 |
People v. Williams
green
1 sentence2003People v Williams, 281 AD2d 569 [2001], lv denied 96 NY2d 836 [2001]). | 1 | 2003–2003 |
People v. Herold
green
1 sentence2003In contrast to Florida v J.L. ( 529 US 266 ), the police actions were supported by considerably more than an anonymous call (see People v Jenkins, 292 AD2d 188 , lv denied 98 NY2d 711 ; People v Herold, 282 AD2d 1 , lv denied 97 NY2d 682 ). | 1 | 2003–2003 |
People v. Jenkins
neutral
1 sentence2003In contrast to Florida v J.L. ( 529 US 266 ), the police actions were supported by considerably more than an anonymous call (see People v Jenkins, 292 AD2d 188 , lv denied 98 NY2d 711 ; People v Herold, 282 AD2d 1 , lv denied 97 NY2d 682 ). | 1 | 2003–2003 |
Chambers v. Maroney
green
1 sentence2002The detailed description of the uncommon car from which shots were fired at the identified citizen informants, along with the descriptions of the occupants and the closeness of the spatial and temporal factors, provided more than sufficient probable cause to arrest the occupants of the car (Chambers v Maroney, 399 US 42, 46-47 ; People v Brnja, 50 NY2d 366, 373 ) and to search the car for a gun pursuant to the automobile exception. | 1 | 2002–2002 |
People v. Brown
green
1 sentence2002Moreover, defendant was accompanied by another person who also matched a detailed description of one of the participants in the undercover sale (see, People v Brown, 254 AD2d 88 , lv denied 92 NY2d 980 ; People v Morales, 246 AD2d 396 , lv denied 91 NY2d 943 ). | 1 | 2002–2002 |
In re Estate of Saperstein
green
1 sentence2002Moreover, defendant was accompanied by another person who also matched a detailed description of one of the participants in the undercover sale (see, People v Brown, 254 AD2d 88 , lv denied 92 NY2d 980 ; People v Morales, 246 AD2d 396 , lv denied 91 NY2d 943 ). | 1 | 2002–2002 |
People v. Brnja
green
1 sentence2002The detailed description of the uncommon car from which shots were fired at the identified citizen informants, along with the descriptions of the occupants and the closeness of the spatial and temporal factors, provided more than sufficient probable cause to arrest the occupants of the car (Chambers v Maroney, 399 US 42, 46-47 ; People v Brnja, 50 NY2d 366, 373 ) and to search the car for a gun pursuant to the automobile exception. | 1 | 2002–2002 |