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PEOPLE v. BOYD

57 Misc.2d 769 (1968)

The People of the State of New York, Plaintiff, v. Allen Boyd and Errol J. Brown, Defendants.

District Court of Nassau County, First District.

August 28, 1968

Attorney(s) appearing for the Case

James J. McDonough and Paul R. Berko for Allen Boyd, defendant. Julius Droisen for Errol J. Brown, defendant. William Cahn, District Attorney (Marvin Wolf of counsel), for plaintiff.

BERNARD TOMSON, J.

This motion to suppress following upon a search without a warrant raises for determination the nature of the burden of proof placed by the New York authorities on the defendant in a search and seizure suppression hearing. None of the authorities seem to define the burden precisely.

Although the burden of going forward in the first instance is on the People (People v. Malinsky

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