Legal Opinion

People v. Nichols

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 2014PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the People from an order of the Supreme Court, Kings County (Gary, J.), dated November 30, 2012, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress certain physical evidence, identification evidence, and a statement made by the defendant to law enforcement officials.

Ordered that the order is affirmed.

Where a defendant moves to suppress evidence, the People bear the initial burden of establishing the legality of the police conduct in the first instance, while the defendant bears the ultimate burden of proving, by a preponderance of the…

2Cases cited9 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. HollmanNew York Court of Appeals · 1992
  3. People v. BenjaminNew York Court of Appeals · 1980
  4. People v. BerriosNew York Court of Appeals · 1971
  5. People v. McIntoshNew York Court of Appeals · 2001

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. NazarioAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. Abdul-MateenAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. Abdul-MateenAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2018

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