2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title T - PROCEDURES FOR SECURING EVIDENCE BY MEANS OF COURT ORDER AND FOR SUPPRESSING EVIDENCE UNLAWFULLY OR IMPROPERLY OBTAINED
Article 710 - (710.10 - 710.70) MOTION TO SUPPRESS EVIDENCE
710.20 - Motion to suppress evidence; in general; grounds for.

§ 710.20  Motion to suppress evidence; in general; grounds for.
    Upon  motion  of  a  defendant  who  (a)  is  aggrieved by unlawful or
  improper acquisition of evidence and has  reasonable  cause  to  believe
  that such may be offered against him in a criminal action, or (b) claims
  that  improper  identification testimony may be offered against him in a
  criminal action, a court may, under  circumstances  prescribed  in  this
  article,  order  that  such  evidence be suppressed or excluded upon the
  ground that it:
    1.  Consists of tangible property obtained by  means  of  an  unlawful
  search  and seizure under circumstances precluding admissibility thereof
  in a criminal action against such defendant; or
    2.  Consists of a record or potential testimony reciting or describing
  declarations,  conversations,   or   other   communications   overheard,
  intercepted,  accessed,  or  recorded  by  means  of  eavesdropping,  or
  observations  made  by  means  of  video  surveillance,  obtained  under
  circumstances  precluding  admissibility  thereof  in  a criminal action
  against such defendant; or
    3.  Consists of a record or potential testimony reciting or describing
  a statement of such defendant involuntarily made, within the meaning  of
  section 60.45; or
    4.    Was  obtained as a result of other evidence obtained in a manner
  described in subdivisions one, two and three; or
    5. Consists of a chemical test of the defendant's  blood  administered
  in  violation  of  the provisions of subdivision three of section eleven
  hundred ninety-four of the vehicle and traffic law, subdivision eight of
  section forty-nine-a of the navigation law, subdivision seven of section
  25.24 of the parks, recreation and historic  preservation  law,  or  any
  other applicable law; or
    6.    Consists  of potential testimony regarding an observation of the
  defendant either at the time or place of the commission of  the  offense
  or  upon  some  other  occasion  relevant  to  the case, which potential
  testimony would not be admissible upon the  prospective  trial  of  such
  charge  owing  to  an  improperly  made  previous  identification of the
  defendant by the prospective witness.
    7. Consists of information obtained by means of a pen register or trap
  and trace device installed or used in violation  of  the  provisions  of
  article seven hundred five of this chapter.

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