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PEOPLE v. RODOLITZ

48 Misc.2d 546 (1965)

The People of the State of New York, Plaintiff, v. Gerald L. Rodolitz, Defendant.

District Court of Nassau County, First District.

December 20, 1965

Attorney(s) appearing for the Case

Norman Adams for defendant. William Cahn, District Attorney (William Turner of counsel), for plaintiff.

BERNARD TOMSON, J.

On this motion to reargue (see People v. Rodolitz, 47 Misc.2d 129), there is squarely presented again the 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...

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