What is the burden of proving the legality of search and seizure?
"New York", United States of America
The following excerpt is from People v. Gonzalez, 113 N.Y.S.3d 830 (Table), 62 Misc.3d 1223 (A) (N.Y. Crim. Ct. 2019):
"Though a defendant who challenges the legality of a search and seizure has the burden of proving illegality, the People have the burden" of showing the legality of the police conduct in the first instance." People v. Berrios , 28 NY2d 361, 367 (1971).
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