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
710.70 - Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion.

§ 710.70  Motion to suppress evidence; orders of suppression; effects of
               orders and of failure to make motion.
    1.   Upon granting a motion to suppress evidence, the court must order
  that the evidence in question be excluded in the criminal action pending
  against the defendant.    When  the  order  is  based  upon  the  ground
  specified  in  subdivision  one  of section 710.20 and excludes tangible
  property unlawfully taken from the defendant's possession, and when such
  property is not otherwise subject to lawful retention,  the  court  may,
  upon  request  of  the  defendant,  further  order that such property be
  restored to him.
    2.  An order finally denying a motion  to  suppress  evidence  may  be
  reviewed   upon  an  appeal  from  an  ensuing  judgment  of  conviction
  notwithstanding the fact that such judgment is entered upon  a  plea  of
  guilty.
    3.  A motion to suppress evidence made pursuant to this article is the
  exclusive  method  of challenging the admissibility of evidence upon the
  grounds specified in section 710.20, and a defendant who does  not  make
  such  a  motion  before or in the course of a criminal action waives his
  right to judicial determination of any such contention.
    Nothing contained in this article, however, precludes a defendant from
  attempting to establish at a  trial  that  evidence  introduced  by  the
  people of a pre-trial statement made by him should be disregarded by the
  jury  or  other trier of the facts on the ground that such statement was
  involuntarily made within the meaning of section 60.45.  Even though the
  issue of the admissibility of such evidence was  not  submitted  to  the
  court,  or  was  determined  adversely to the defendant upon motion, the
  defendant may adduce trial  evidence  and  otherwise  contend  that  the
  statement  was  involuntarily  made.    In the case of a jury trial, the
  court must submit such issue to the jury under instructions to disregard
  such evidence upon a finding that the statement was involuntarily made.