PEOPLE v. PARKER

2018-01314.

180 A.D.3d 1072 (2020)

118 N.Y.S.3d 223

2020 NY Slip Op 01365

The People of the State of New York, Respondent, v. Shamar A. Parker, Appellant.

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

Decided February 26, 2020.


Ordered that the judgment is affirmed.

We agree with the County Court's determination to deny that branch of the defendant's omnibus motion which was to suppress a gun recovered from his person during a traffic stop. On a motion to suppress evidence, the defendant bears the ultimate burden of proof, by a preponderance of the evidence, when challenging the legality of a search and seizure, but the People bear the initial burden of showing the legality of the police...

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