People v. Boyd

This motion to suppress following upon a search without a warrant raises for determination the nature of the burden of proof placed by the New York authorities on the defendant in a search and seizure suppression hearing. None of the authorities seem to define the burden precisely.

Although the burden of going forward in the first instance is on the People (People v. Malinsky, 15 N Y 2d 86), it is well established that in New York State the burden of proof (persuasion) is on the defendants in this hearing. (People v. Entrialgo, 19 A D 2d 509, affd. 14 N Y 2d 733; People v. Lombardi, 18 A D 2d…