New York § 710.40 Motion to suppress evidence; when made and determined

New York Statutes

§ 710.40 — Motion to suppress evidence; when made and determined

New York § 710.40

Law CPLCriminal Procedure

Title TProcedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained

Part 3Special Proceedings and Miscellaneous Procedures

Art. 710Motion to Suppress Evidence

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Bluebook

N.Y. Criminal Procedure § 710.40 (2026).

Text

§ 710.40  Motion to suppress evidence; when made and determined.\n  1.  A motion to suppress evidence must be made after the commencement\nof the criminal action in which such evidence is allegedly about to be\noffered, and, except as otherwise provided in section 710.30 and in\nsubdivision two of this section, it must be made within the period\nprovided in subdivision one of section 255.20.\n  2.  The motion may be made for the first time when, owing to\nunawareness of facts constituting the basis thereof or to other factors,\nthe defendant did not have reasonable opportunity to make the motion\npreviously, or when the evidence which he seeks to suppress is of a kind\nspecified in section 710.30 and he was not served by the people, as\nprovided in said section 710.30, with a pre-trial not

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§ 710.40 Motion to suppress evidence; when made and determined.\n 1. A motion to suppress evidence must be made after the commencement\nof the criminal action in which such evidence is allegedly about to be\noffered, and, except as otherwise provided in section 710.30 and in\nsubdivision two of this section, it must be made within the period\nprovided in subdivision one of section 255.20.\n 2. The motion may be made for the first time when, owing to\nunawareness of facts constituting the basis thereof or to other factors,\nthe defendant did not have reasonable opportunity to make the motion\npreviously, or when the evidence which he seeks to suppress is of a kind\nspecified in section 710.30 and he was not served by the people, as\nprovided in said section 710.30, with a pre-trial notice of intention to\noffer such evidence at the trial.\n 3. When the motion is made before trial, the trial may not be\ncommenced until determination of the motion.\n 4. If after a pre-trial determination and denial of the motion the\ncourt is satisfied, upon a showing by the defendant, that additional\npertinent facts have been discovered by the defendant which he could not\nhave discovered with reasonable diligence before the determination of\nthe motion, it may permit him to renew the motion before trial or, if\nsuch was not possible owing to the time of the discovery of the alleged\nnew facts, during trial.\n