CAL obtains reversal of robbery conviction and suppression of unlawfully obtained statement


KW was arrested after a co-defendant allegedly implicated him in a robbery. AD1 agreed with CAL that, 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. Without such evidence, the People did not meet their People’s prima facie burden of establishing the legality of the challenged police conduct and shift the burden of persuasion to defendant. CAL attorney Marika Meis represented KW, who’d been sentenced to 16 years to life imprisonment on this robbery conviction.