§ 255.20 — Pre-trial motions; procedure

New York § 255.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title J: Prosecution of Indictments In Superior Courts--plea to Sentence
• Part 2: The Principal Proceedings
• Art. 255: Pre-trial Motions

Text

§ 255.20 Pre-trial motions; procedure.\n 1. Except as otherwise expressly provided by law, whether the\ndefendant is represented by counsel or elects to proceed pro se, all\npre-trial motions shall be served or filed within forty-five days after\narraignment and before commencement of trial, or within such additional\ntime as the court may fix upon application of the defendant made prior\nto entry of judgment. In an action in which either (a) material or\ninformation has been disclosed pursuant to paragraph (m) or (n) of\nsubdivision one of section 245.20 of this title, (b) an eavesdropping\nwarrant and application have been furnished pursuant to section 700.70\nof this chapter, or (c) a notice of intention to introduce evidence has\nbeen served pursuant to section 710.30 of this chapter, such period\nshall be extended until forty-five days after the last date of such\nservice. If the defendant is not represented by counsel and has\nrequested an adjournment to obtain counsel or to have counsel assigned,\nsuch forty-five day period shall commence on the date counsel initially\nappears on defendant's behalf.\n 2. All pre-trial motions, with supporting affidavits, affirmations,\nexhibits and memoranda of law, whenever practicable, shall be included\nwithin the same set of motion papers, and shall be made returnable on\nthe same date, unless the defendant shows that it would be prejudicial\nto the defense were a single judge to consider all the pre-trial\nmotions. Where one motion seeks to provide the basis for making another\nmotion, it shall be deemed impracticable to include both motions in the\nsame set of motion papers pursuant to this subdivision.\n 3. Notwithstanding the provisions of subdivisions one and two hereof,\nthe court must entertain and decide on its merits, at anytime before the\nend of the trial, any appropriate pre-trial motion based upon grounds of\nwhich the defendant could not, with due diligence, have been previously\naware, or which, for other good cause, could not reasonably have been\nraised within the period specified in subdivision one of this section or\nincluded within the single set of motion papers as required by\nsubdivision two. Any other pre-trial motion made after the forty-five\nday period may be summarily denied, but the court, in the interest of\njustice, and for good cause shown, may, in its discretion, at any time\nbefore sentence, entertain and dispose of the motion on the merits.\n 4. Any pre-trial motion, whether made before or after expiration of\nthe period specified in subdivision one of this section, may be referred\nby the court to a judicial hearing officer who shall entertain it in the\nsame manner as a court. In the discharge of this responsibility, the\njudicial hearing officer shall have the same powers as a judge of the\ncourt making the assignment, except that the judicial hearing officer\nshall not determine the motion but shall file a report with the court\nsetting forth findings of fact and conclusions of law. The rules of\nevidence shall be applicable at any hearing conducted hereunder by a\njudicial hearing officer. A transcript of any testimony taken, together\nwith the exhibits or copies thereof, shall be filed with the report. The\ncourt shall determine the motion on the motion papers, affidavits and\nother documents submitted by the parties thereto, the record of the\nhearing before the judicial hearing officer, and the judicial hearing\nofficer's report.\n