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PEOPLE v. COLE

2008-10063.

85 A.D.3d 1198 (2011)

926 N.Y.S.2d 163

2011 NY Slip Op 5730

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONNIE COLE, Appellant.

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

June 28, 2011.

Ordered that the judgment is affirmed.

When a defendant moves to suppress physical evidence, the People have the burden of going forward and demonstrating the legality of the police conduct (see People v Whitehurst, 25 N.Y.2d 389, 391 [1969]; People v Spann, 82 A.D.3d 1013, 1014 [2011]). The defendant, however, bears the ultimate burden...

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