PEOPLE v. CUMMINGS


30 A.D.2d 946 (1968)

The People of the State of New York, Respondent, v. David Cummings, Appellant

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

October 8, 1968


There must be a further hearing on the motion to suppress at which the People, in order to prevail, will be under the burden of going forward with evidence to show that probable cause existed to make the arrest so as to render the search incident thereto proper. At such further hearing defense counsel shall be permitted to examine any prior statements or records of witnesses and to cross-examine the police witnesses who testified at the prior hearing. (People v. Malinsky...

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