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 715 - (715.05 - 715.50) DESTRUCTION OF DANGEROUS DRUGS
715.20 - Proceedings on motion upon notice.

§ 715.20  Proceedings on motion upon notice.
    1.   When such motion is on notice, a hearing thereon shall be held by
  the court before which it is returnable not later than thirty days after
  the return date and the defendant shall be present at such hearing.
    2.  A hearing held pursuant to this section  shall  be  conducted  and
  recorded  in  the  same  manner  as would be required were the witnesses
  testifying at trial.  The district attorney shall establish by competent
  evidence the nature and quantity of the dangerous drugs  which  are  the
  subject  of  the  motion.    Each party shall have the right to call and
  cross examine witnesses  and  to  register  objections  and  to  receive
  rulings of the court thereon.
    3.  If the court finds upon the conclusion of the hearing that neither
  the  prosecution  nor  the  defendant  will be prejudiced thereby it may
  grant the motion and may make such order as it may deem appropriate  for
  the destruction of part or all of such drugs.
    4.   A defendant may waive such hearing and consent to the granting of
  the motion and  entry  of  an  order  of  destruction  either  by  sworn
  affidavit  or  by  personal  appearance  in court and declaration on the
  record of such waiver and consent.