Legal Opinion

People v. Spann

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

Decided March 15, 2011PublishedCited by 62 opinions

1Opinion of the Court

*1014On a motion by a defendant to suppress physical evidence, “the People have the burden of going forward to show the legality of the police conduct in the first instance” (People v Whitehurst, 25 NY2d 389, 391 [1969]; see People v Blinker, 80 AD3d 619 [2011]; People v Hernandez, 40 AD3d 777, 778 [2007]; People v Thomas, 291 AD2d 462, 463 [2002]; People v Quinones, 61 AD2d 765 [1978]). The defendant, however, “bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him” (People v Thomas, 291 AD2d at 463; see People v…

2Cases cited36 opinions

  1. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  2. People v. GallowayNew York Court of Appeals · 1981
  3. People v. AshwalNew York Court of Appeals · 1976
  4. People v. BerriosNew York Court of Appeals · 1971
  5. People v. WhitehurstNew York Court of Appeals · 1969

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

3Cited by62 opinions

  1. People v. FletcherAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. MorganAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. BushAppellate Division of the Supreme Court of the State of New York · 2013

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

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