PEOPLE v. WHITTLE


96 A.D.2d 542 (1983)

The People of the State of New York, Respondent, v. George Whittle, Appellant

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

July 11, 1983


Judgment affirmed.

At the conclusion of defendant's pretrial Huntley hearing, Criminal Term held that the burden was on the defendant to prove by a preponderance of the evidence that his statements were not voluntary. Specifically, Criminal Term stated: "So that we clearly understand the nature of these proceedings, the burden of proof is upon the defendant to establish to this Court by a preponderance of the evidence the position that he takes." The People...

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