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
710.30 - Motion to suppress evidence; notice to defendant of intention to offer evidence.

§  710.30  Motion to suppress evidence; notice to defendant of intention
               to offer evidence.
    1.  Whenever the people intend to offer at a trial (a) evidence  of  a
  statement  made  by  a defendant to a public servant, which statement if
  involuntarily made would render the evidence thereof  suppressible  upon
  motion pursuant to subdivision three of section 710.20, or (b) 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, to be given by a witness who has previously identified him  as
  such,  they  must  serve  upon the defendant a notice of such intention,
  specifying the evidence intended to be offered.
    2.  Such notice must be served within fifteen days  after  arraignment
  and  before  trial, and upon such service the defendant must be accorded
  reasonable opportunity to move before trial, pursuant to subdivision one
  of section 710.40, to suppress the specified evidence.   For good  cause
  shown,  however,  the  court may permit the people to serve such notice,
  thereafter and in such case it  must  accord  the  defendant  reasonable
  opportunity thereafter to make a suppression motion.
    3.  In the absence of service of notice upon a defendant as prescribed
  in  this section, no evidence of a kind specified in subdivision one may
  be received against him upon trial unless he has, despite  the  lack  of
  such  notice,  moved  to suppress such evidence and such motion has been
  denied and the evidence thereby rendered  admissible  as  prescribed  in
  subdivision two of section 710.70.

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