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PEOPLE v. PETTINATO

69 N.Y.2d 653 (1986)

The People of the State of New York, Respondent, v. Anthony Pettinato, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Alan M. Dershowitz, of the Massachusetts Bar, admitted pro hac vice, Nathan Z. Dershowitz and Ellen J. Schneider for appellant.

Robert M. Morgenthau, District Attorney (Debora K. Grobman and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted and the indictment dismissed.

Because a warrantless intrusion by a government official is presumptively unreasonable, it is the People's burden in the first instance to establish justification (People v Calhoun, 49 N.Y.2d 398, 402; see, People v Knapp, ...

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