PEOPLE v. COTTON


23 A.D.2d 890 (1965)

The People of the State of New York, Respondent, v. Joseph Cotton, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 24, 1965


Judgment and orders affirmed.

We have examined the record and find that the evidence adduced at the hearing on the original motion to suppress was sufficient to prove beyond a reasonable doubt the legality of the search as incident to a lawful arrest, even if the burden of proof had been cast upon the People pursuant to the rule of People v. Malinsky (15 N.Y.2d 86, 91). If, at the...

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