What is the burden of proof against a defendant who challenges the legality of a search and seizure?
"New York", United States of America
The following excerpt is from People v. Maksymenko, 105 Misc.2d 368, 432 N.Y.S.2d 328 (N.Y. City Ct. 1979):
4 Though a defendant who challenges the legality of a search and seizure has the burden of proof of the illegality of such action, the People are, nevertheless, put to the burden of going forward to show the legality of the police conduct in the first instance and must show that a search was made pursuant to a valid warrant. People v. Berrios, 28 N.Y.2d 361, 321 N.Y.S.2d 884, 270 N.E.2d 709 (1971).
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