What is the burden of proving that pre-trial identification was unduly suggestive?

The People bear the burden of establishing the reasonableness of the police conduct and that the pre-trial identification procedure was not unduly suggestive (People v. Chipp, 75 NY.2d 327, 335, 553 N.Y.S.2d 72, 552 N.E.2d 608, cert. denied 498 U.S. 833, 111 S.Ct. 99, 112 L.Ed.2d 70). Once such a showing has been made by the People, the burden of proof shifts to the defendant who must establish, by a preponderance of the evidence, that the identification procedure employed was

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impermissibly suggestive and conducive to an irreparably mistaken identification (Id.).