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PEOPLE v. SOUTH

2020-04348. Ind. No. 8329/17.

200 A.D.3d 812 (2021)

155 N.Y.S.3d 132

2021 NY Slip Op 06870

The People of the State of New York, Respondent, v. Richard South, Appellant.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Harold V. Ferguson, Jr. , of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Jordan Cerruti of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Christopher and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress a gun recovered from his person. 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...

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