People v. Spann
Appellate Division of the Supreme Court of the State of New York
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
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. GallowayNew York Court of Appeals · 1981
- People v. AshwalNew York Court of Appeals · 1976
- People v. BerriosNew York Court of Appeals · 1971
- People v. WhitehurstNew York Court of Appeals · 1969
31 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- People v. FletcherAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
- 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.