What is the burden of proving ownership or lack of permission of a person at the pleading stage?

"New York", United States of America

The following excerpt is from People v. Salomon, 131 Misc.2d 1075, 502 N.Y.S.2d 392 (N.Y. City Ct. 1986):

While there is a single reported decision to the contrary, 1 this court agrees with the reasoning of the court in People v. Reyes, supra. The burden of proof placed upon the People at trial (beyond a reasonable doubt) is much greater than that placed upon them at the pleading stage (reasonable cause to believe that defendant committed the offense charged). Therefore, it is logical that evidence which would be sufficient at trial to prove ownership or lack of permission would also be sufficient at the pleading stage where there is a lesser burden of proof placed upon the People.

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