SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
January 13, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JAMES CAPLE, APPELLANT
Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 21, 1968, convicting him of attempted grand larceny in the second degree, upon his plea of guilty, and imposing sentence. A determination by said court denying in part defendant's motion to suppress evidence has been reviewed on this appeal.
Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.
On a motion to suppress evidence, while the People are under the necessity of going forward in the first instance, the ultimate burden of proof by a preponderance of the credible evidence rests with defendant (People v. Merola, 30 A.D.2d 963). In our opinion, under the circumstances presented in the record, there was no abuse of discretion on the part of the trial court in refusing to grant appellant's request for a continuance.
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