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People v. Cotton

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1965
23 A.D.2d 890 (N.Y. App. Div. 1965)

Opinion

May 24, 1965


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 6, 1963 on his plea of guilty, convicting him of attempted violation of subdivision 3 of section 1751 of the Penal Law (relating to narcotic drugs), and imposing sentence. Defendant brings up for review, as permitted by statute (Code Crim. Pro., § 813-c), two orders of the same court, entered respectively October 18, 1963 denying his renewed motions in which he sought reargument of his original motion to suppress evidence alleged by him to have been seized illegally. Defendant also brings up for review an "order" made April 29, 1963, denying his original motion to suppress. No such order is contained in the record. However, the validity of such asserted order has been reviewed. Judgment and orders affirmed. We have examined the record and find that the evidence adduced at the hearing on the original motion to suppress was sufficient to prove beyond a reasonable doubt the legality of the search as incident to a lawful arrest, even if the burden of proof had been cast upon the People pursuant to the rule of People v. Malinsky ( 15 N.Y.2d 86, 91). If, at the hearing on defendant's motion to suppress evidence alleged to have been seized illegally, error was committed by placing the burden of proof upon him, nevertheless, on the facts in this case such error did not affect his substantial rights and may be disregarded (Code Crim. Pro., § 542). Brennan, Acting P.J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Cotton

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1965
23 A.D.2d 890 (N.Y. App. Div. 1965)
Case details for

People v. Cotton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH COTTON…

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

Date published: May 24, 1965

Citations

23 A.D.2d 890 (N.Y. App. Div. 1965)

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