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PEOPLE v. WHITE

2014-09788, Ind. No. 10464/13.

153 A.D.3d 1369 (2017)

2017 NY Slip Op 06560

61 N.Y.S.3d 603

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR WHITE, Appellant.

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

Decided September 20, 2017.

Ordered that the judgment is affirmed.

On a motion by a defendant to suppress physical evidence, "the People have the burden of going forward to show the legality of the police conduct in the first instance" (People v Whitehurst, 25 N.Y.2d 389, 391 [1969] [emphasis omitted]; see People v Blinker, 80 A.D.3d 619 [2011]; People v Hernandez, 40 A.D.3d 777

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