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People v. Pettinato

69 N.Y.2d 653 Court N.Y. Decision date 1986-12-16 English

Contents

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p. 653
The People of the State of New York, Respondent, v Anthony Pettinato, Appellant.
Argued November 18, 1986;
decided December 16, 1986
p. 654
APPEARANCES OF COUNSEL
Alan M. Dershowitz, of the Massachusetts Bar, admitted pro hac vice, Nathan Z. Dershowitz and Ellen J. Schneider for appellant.
Robert M. Morgenthau, District Attorney (Debora K. Grobman and Mark Dwyer of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the motion to suppress granted and the indictment dismissed.

Because a warrantless intrusion by a government official is presumptively unreasonable, it is the People’s burden in the first instance to establish justification (People v Calhoun, 49 NY2d 398 , 402; see, People v Knapp, 52 NY2d 689 , 694). Only after it has done so is it defendant’s burden to prove illegality. Here there is nothing in the record, on either defendants case or on the People’s presentation, to support the Hearing

p. 655
Judge’s finding that Officer McGovern "was told that it [defendant’s canvas bag] had been opened and a bag of white pills taken out.” It was, therefore, error to deny suppression.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum.

Order reversed, etc.

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