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PEOPLE v. JULIEN

2018-09703. Ind. No. 262/17.

201 A.D.3d 948 (2022)

157 N.Y.S.3d 750

2022 NY Slip Op 00433

The People of the State of New York, Respondent, v. Mark Julien, Appellant.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( William B. Carney and A. Alexander Donn of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart , Alexander J. Fumelli , and George D. Adames of counsel), for respondent.

Connolly, J.P., Hinds-Radix, Miller and Genovesi, JJ., concur.

Ordered that the judgment is affirmed.

On a motion to suppress physical evidence, the People bear the burden of going forward to establish the legality of police conduct in the first instance (see People v Berrios, 28 N.Y.2d 361, 367-368 [1971]; People v Hernandez, 40 A.D.3d 777, 778 [2007]). "Implicit in this concept is that the testimony...

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