After Mark Johnson was charged with criminal sale of a controlled substance in the third degree, he alleged that officers didn't have a legal basis to arrest and search him -- even though he supposedly looked like a man, described over a police radio, who had engaged in a drug transaction.
When the New York County Supreme Court convicted and sentenced him as a second felony offender to 3 1/2 years, Johnson appealed to the Appellate Division, First Department, which affirmed the outcome.
The AD1 thought it was "highly unlikely" that the suspect, who matched Johnson's description, left the very instant Johnson arrived. (In addition to being found at the precise location which had been radioed in, Johnson was supposedly of the identical "race, height, weight" and wore some of the same colored clothing.)
Just maybe it was his doppelganger ?
To view a copy of the Appellate Division's decision, please use this link: People v Johnson