People v. DeFrain

—Judgment unanimously reversed on the law, plea vacated, motion to suppress granted in part and matter remitted to Monroe County Court for further proceedings on indictment. Memorandum: The motion to suppress items of tangible property, on the ground that they were illegally seized from defendant’s vehicle, cast a burden on the People to come forward with evidence showing the legality of the police conduct (see, People v Pettinato, 69 NY2d 653, 654; People v Dodt, 61 NY2d 408; People v Mercado, 197 AD2d 898). The record of the suppression hearing contains no evidence concerning the…