People v. Lopez

Order unanimously affirmed. Memorandum: Supreme Court properly granted the motion to suppress physical evidence seized from defendant at the time of his arrest. The People sought to justify the arrest solely on the basis of an outstanding warrant, but failed to produce the warrant at the suppression hearing. As a result, the prosecution failed to meet its burden of showing the legality of the police conduct in the first instance (see, People v Dodt, 61 NY2d 408, 415; People v De Frain, 204 AD2d 1002; People v Mercado, 197 AD2d 898; but see, People v Szczepanik, 55 AD2d 702).

The court properly…