People v. Cole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Dutchess County (Hayes, J.), rendered October 22, 2008, convicting him of attempted promoting prison contraband in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
When a defendant moves to suppress physical evidence, the People have the burden of going forward and demonstrating the legality of the police conduct (see People v…
2Cases cited11 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Hudson v. PalmerSupreme Court of the United States · 1984
- Brown v. PlataSupreme Court of the United States · 2011
- People v. BerriosNew York Court of Appeals · 1971
- People v. OcasioNew York Court of Appeals · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. FletcherAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RossiAppellate Division of the Supreme Court of the State of New York · 2012
- People v. NicholsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LoucksAppellate Division of the Supreme Court of the State of New York · 2015
4 more not listed; retrieve them via the Exa API.