People v. Gardner

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…