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PEOPLE v. COOPER

17 Misc.3d 44 (2007)

844 N.Y.S.2d 546

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PHILIP COOPER, Respondent.

Supreme Court, Appellate Term, First Department.

September 21, 2007.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for appellant.

Legal Aid Society, New York City (Steven Banks and Amy Donner of counsel), for respondent.

McKEON, P.J., and SCHOENFELD, J., concur; McCOOE, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

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...

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