People v. Nichols

Appeal by the People from an order of the Supreme Court, Kings County (Gary, J.), dated November 30, 2012, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress certain physical evidence, identification evidence, and a statement made by the defendant to law enforcement officials.

Ordered that the order is affirmed.

Where a defendant moves to suppress evidence, the People bear the initial burden of establishing the legality of the police conduct in the first instance, while the defendant bears the ultimate burden of proving, by a preponderance of the…