What is the burden of proving that a procedure is illegal?
"New York", United States of America
The following excerpt is from People v. Hampton, 120 Misc.2d 757, 466 N.Y.S.2d 589 (N.Y. City Ct. 1983):
Since the defendant was asserting that an illegal procedure was used which violated his Constitutional rights to due process, it was he who had to carry the burden of proving his contention. People v. Sutton, 47 A.D.2d 455, 366 N.Y.S.2d 500 (Fourth Dept., 1975).
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