PEOPLE v. HOUSTON

2012-01989. Ind. No. 2546/06.

177 A.D.3d 902 (2019)

110 N.Y.S.3d 578

2019 NY Slip Op 08425

The People of the State of New York, Respondent, v. Tyrone Houston, Appellant.

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

Decided November 20, 2019.


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 Worrell, 170 A.D.3d 1048, 1050 [2019]; People v White, 153 A.D.3d 1369 [2017]). The defendant...

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