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PEOPLE v. HENDERSON

57 A.D.3d 562 (2008)

868 N.Y.S.2d 299

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT D. HENDERSON, Appellant.

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

December 2, 2008.

Ordered that the judgment is affirmed.

"On a motion to suppress physical evidence, the People bear the burden of going forward to establish the legality of police conduct in the first instance" (People v Hernandez, 40 A.D.3d 777, 778 [2007]). "`Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense...

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