People v. Garcia

OPINION OF THE COURT

Dominic R. Massaro, J.

Indictment No. 4702/89 has been filed against the defendant, Juan Garcia, arising from a charge of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]). Mr. Garcia claims to be aggrieved by an unlawful search made without probable cause. He moves to suppress the seizure of a gun. The motion is denied.

It is well settled that where a defendant challenges the *511admissibility of physical evidence, he bears the ultimate burden of proving that said evidence should not be used against him. The People have only the burden of going…