§ 710.30 Motion to suppress evidence; notice to defendant of intention\n to offer evidence.\n 1. Whenever the people intend to offer at a trial (a) evidence of a\nstatement made by a defendant to a public servant, which statement if\ninvoluntarily made would render the evidence thereof suppressible upon\nmotion pursuant to subdivision three of section 710.20, or (b) testimony\nregarding an observation of the defendant either at the time or place of\nthe commission of the offense or upon some other occasion relevant to\nthe case, to be given by a witness who has previously identified him or\nher or a pictorial, photographic, electronic, filmed or video recorded\nreproduction of him or her as such, they must serve upon the defendant a\nnotice of such intention, specifying the evidence intended to be\noffered.\n 2. Such notice must be served within fifteen days after arraignment\nand before trial, and upon such service the defendant must be accorded\nreasonable opportunity to move before trial, pursuant to subdivision one\nof section 710.40, to suppress the specified evidence. For good cause\nshown, however, the court may permit the people to serve such notice,\nthereafter and in such case it must accord the defendant reasonable\nopportunity thereafter to make a suppression motion.\n 3. In the absence of service of notice upon a defendant as prescribed\nin this section, no evidence of a kind specified in subdivision one may\nbe received against him upon trial unless he has, despite the lack of\nsuch notice, moved to suppress such evidence and such motion has been\ndenied and the evidence thereby rendered admissible as prescribed in\nsubdivision two of section 710.70.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.