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PEOPLE v. WILKS

50 A.D.3d 520 (2008)

856 N.Y.S.2d 94

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH WILKS, Appellant.

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

Decided April 24, 2008.

The court properly denied defendant's suppression motion. The People met their burden at the suppression hearing of justifying the challenged activity by showing that the store detectives who stopped and searched defendant were not state actors (see People v Jones, 47 N.Y.2d 528, 533 [1979]). Defendant offered no evidence to contradict the People's proof, thus failing to satisfy his ultimate burden (see People v Di Stefano,

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