People v. Cooper

OPINION OF THE COURT

Order, dated April 6, 2005, affirmed.

Adopting the reasoning applied by the suppression court, we agree that the police lacked a sufficient basis to suspect that defendant was armed, so as to justify the forcible stop of the livery cab and ensuing frisk of the defendant. Absent here was “ ‘proof of a describable object or of describable conduct that provides a reasonable basis for the police officer’s belief that the defendant had a gun in his possession’ ” (People v Ventura, 139 AD2d 196, 208 [1988], quoting People v Prochilo, 41 NY2d 759, 761 [1977]). It is significant to…