Appellate Division of the Supreme Court of New York, 2008
People v. Coste
People v. Coste
Appellate Division of the Supreme Court of New York · Decided March 27, 2008
49 A.D.3d 466; 853 N.Y.2d 560
People v. Coste
Opinion of the Court
*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.