People v. Mercado

—Judgment unanimously reversed on the law, plea vacated, motion granted in part and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: The motion to suppress defendant’s June 22, 1991 statement as the fruit of an illegal arrest cast the burden on the People *899to come forward with evidence showing the legality of the police conduct in the first instance (see, People v Dodt, 61 NY2d 408, 415; People v Muhammad, 120 AD2d 937, 939-940). We agree with defendant that the People failed to meet that burden. The record of the suppression hearing…