People v. Garvin

Hall, J.,

dissents, and votes to reverse the judgment, on the law and the facts, grant those branches of the defendant’s omnibus motion which were to suppress physical evidence and his postarrest statements to law enforcement officials, and order a new trial, with the following memorandum: “On 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 Spann, 82 AD3d 1013, 1014 [2011], quoting People v Whitehurst, 25 NY2d 389, 391 [1969]). Upon my review of the record, I find…