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THE PEOPLE DID NOT MEET THEIR “BURDEN OF GOING FORWARD” BY PRESENTING SUFFICIENT PROOF OF THE LEGALITY OF POLICE CONDUCT AT THE SUPPRESSION HEARING; THERE WAS NO EVIDENCE THE OFFICERS WHO ARRESTED DEFENDANT WERE MADE AWARE OF THE CO-DEFENDANT’S STATEMENT WHICH WAS THE BASIS OF THE ARREST; THE FACT THAT GAPS IN THE PEOPLE’S PROOF MAY HAVE BEEN FILLED IN BY THE DEFENDANT’S TESTIMONY AT THE HEARING DIDN’T CURE THE DEFICIENCY (FIRST DEPT).

The First Department, reversing defendant’s conviction and suppressing his postarrest statement, determined the People did not meet their “burden of coming forward” with proof of the legality of police conduct. The fact that some of the gaps in the proof might have been filled by the defendant’s testimony at the suppression hearing did not cure the defect:

The People failed to submit evidence sufficient to support the suppression court’s findings, thus failing to meet their burden of coming forward … . Although the officers who arrested defendant were not required to testify, the People’s initial evidentiary presentation, consisting of the testimony of the investigating detective, was insufficient to permit the inference that information constituting probable cause was transmitted by the detective to the officers effectuating the arrest of defendant, as required to meet the People’s prima facie burden of establishing the legality of the challenged police conduct and shift the burden of persuasion to defendant … . Although defendant testified after the People rested, we need not consider whether defendant’s testimony before the suppression court could have been used to remedy deficiencies in the People’s presentation. As the People repeatedly informed the court, they relied solely on the detective’s testimony to meet their burden. Further, the suppression court discredited defendant’s testimony as “unworthy of belief” and based its decision to deny defendant’s motion to suppress solely on the testimony of the detective, which it credited. People v Watkins, 2023 NY Slip Op 00742, First Dept 2-9-23

Practice Point: The People have a burden of proof at a suppression hearing called the “burden of going forward.” To meet the burden the People was demonstrate the legality of the police conduct. Here there was no evidence the officers who arrested the defendant were aware of the statement by the codefendant which was the basis for the arrest. Therefore defendant’s postarrest statement should have been suppressed.

 

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