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PEOPLE v. CAPLE

31 A.D.2d 752 (1969)

The People of the State of New York, Respondent, v. James Caple, Appellant

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

January 13, 1969

Judgment affirmed.

On a motion to suppress evidence, while the People are under the necessity of going forward in the first instance, the ultimate burden of proof by a preponderance of the credible evidence rests with defendant (People v. Merola, 30 A.D.2d 963). In our opinion, under the circumstances presented in the record, there was no abuse of discretion on the part of the trial court in refusing to grant appellant's...

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