People v. Jones
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed and matter remitted to Ontario County Court for further proceedings on the indictment in accordance with the following Memorandum: County Court erred in granting defendant’s motion to suppress physical evidence seized from the U-Haul truck. CPL 710.60 places the burden on defendant to allege facts sufficient to warrant suppression, including a showing of standing (People v Wesley, 73 NY2d 351, 358-359; People v Johnson, 154 AD2d 932, lv denied 75 NY2d 771). Inasmuch as defendant has the burden on that issue, the People are not…
2Cases cited9 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- People v. WesleyNew York Court of Appeals · 1989
- People v. RodriguezNew York Court of Appeals · 1987
- People v. HoglenAppellate Division of the Supreme Court of the State of New York · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. HooperAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 1994
- People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1995
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1994
2 more not listed; retrieve them via the Exa API.