People v. Nimmons

OPINION OF THE COURT

Hawkins, J.

The question before this court is whether, under the circumstances, Criminal Term correctly suppressed the weapon *130taken from the defendant during a frisk which resulted from the mistaken identification of defendant by police officers as a suspect involved in the robbery of the occupant or occupants of a taxicab.

During February, 1974 Detective Dennis Conlon, of the New York City Police Department, was assigned to investigate a robbery involving a taxicab by "a male-female stick-up team.” Conlon’s investigation led to the arrest of one Diane Lavorpoole. At the…