Legal Opinion
People v. Rodolitz
Nassau County District Court
Decided December 20, 1965PublishedCited by 1 opinion
1Opinion of the CourtBernard Tomson, J.
On this motion to reargue (see People v. Rodolitz, 47 Misc 2d 129), there is squarely presented again *547the question as to whether the burden of persuasion rests on the People or the defendant in a suppression hearing made pursuant to section 813-c of the Code of Criminal Procedure.
Prior to People v. Malinsky (15 N Y 2d 86) it was well settled that (except where waiver or consent was relied on to justify a search without a warrant) the burden of proof was on the defendant. (See People v. Lombardi, 18 A D 2d 177, affd. 13 N Y 2d 1014; People v. Entrialgo, 19 A D 2d 509, affd. 14 N Y 2d 733; and,…
2Cases cited6 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Luis L. Cervantes v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- United States v. Mario RiveraCourt of Appeals for the Second Circuit · 1963
- Gary v. New YorkSupreme Court of the United States · 1964
- People v. AllenNew York Supreme Court · 1965
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. BoydNassau County District Court · 1968