In People v. Mirin (280 A.D.2d 495 [2d Dept 2001]) the defendant was a passenger in one of the taxicabs stopped by the officers. After observing the defendant and a second passenger engaging in suspicious activity, the two were removed from the cab. A handgun was subsequently recovered on the floor of the cab near where the defendant had been seated. The Second Department held that "[a]lthough the governmental interest of protecting taxi cab drivers is important, any benefit is outweighed by the lack of evidence regarding the effectiveness of this procedure as opposed to other, less discretionary, procedures, and by the intrusive nature of the stop." (People v. Mirin, 280 A.D.2d at 496-497.)