People v. Coste
49 A.D.3d 466, 853 N.Y.2d 560
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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People v. Coste, 49 A.D.3d 466, 853 N.Y.2d 560 (N.Y. Ct. App. 2008).
49 A.D.3d 466 (People v. Coste) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People v. Burton
848 N.E.2d 454 (New York Court of Appeals, 2006)
People v. Johnson
42 A.D.3d 341 (Appellate Division of the Supreme Court of New York, 2007)