People v. Coste

Appellate Division of the Supreme Court of New York

People v. Coste

49 A.D.3d 466, 853 N.Y.2d 560

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 27, 2008

StatusPublished

This text of 49 A.D.3d 466 (People v. Coste) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Coste, 49 A.D.3d 466, 853 N.Y.2d 560 (N.Y. Ct. App. 2008).

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Opinion

[467]*467Although defendant denied that he had the physical evidence at issue on his person, he was not required to admit possession in order to comply with the factual pleading requirement of CPL 710.60 (People v Burton, 6 NY3d 584, 589 [2006]; People v Johnson, 42 AD3d 341 [2007]). Rather, he was entitled to meet his evidentiary burden by using a police officer’s statement that the property in question was seized from his person. Concur— Mazzarelli, J.P., Saxe, Buckley and Catterson, JJ.

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[467]*467Although defendant denied that he had the physical evidence at issue on his person, he was not required to admit possession in order to comply with the factual pleading requirement of CPL 710.60 (People v Burton, 6 NY3d 584, 589 [2006]; People v Johnson, 42 AD3d 341 [2007]). Rather, he was entitled to meet his evidentiary burden by using a police officer’s statement that the property in question was seized from his person. Concur— Mazzarelli, J.P., Saxe, Buckley and Catterson, JJ.

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Bluebook (online)

49 A.D.3d 466, 853 N.Y.2d 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coste-nyappdiv-2008.

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