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PEOPLE v. DIAZ

78 A.D.2d 640 (1980)

The People of the State of New York, Respondent, v. Emilio Diaz, Appellant

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

October 6, 1980

The appeal brings up for review the denial, after a hearing, of defendant's motion to suppress physical evidence. Judgment reversed, on the law, motion granted, plea vacated indictment dismissed, and case remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Although the ultimate burden of proof in a suppression hearing lies with the defendant, it is the...

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