People v. Merola

Appeal from an order of the Supreme Court, Kings County, dated June 21, 1965, which granted respondents’ motion to suppress certain evidence against them on the ground, as stated in the court’s opinion, that the People “ failed to sustain their burden of proof in sustaining the legality of a search” and failed to prove “that a felony was * * * committed and that * * * [respondents] were the perpetrators thereof.” Order reversed, on the law and the facts, and motion denied. The testimony by the police officers at the hearing established that at 4:10 a.m. a “burglary in progress” call was…