N.Y. Criminal Procedure Law § 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 or of a pictorial, photographic, electronic, filmed or video

recorded reproduction of the defendant by the prospective witness. A

claim that the previous identification of the defendant or of a

pictorial, photographic, electronic, filmed or video recorded

reproduction of the defendant by a prospective witness did not comply

with paragraph (c) of subdivision one of section 60.25 of this chapter

or with the protocol promulgated in accordance with subdivision

twenty-one of section eight hundred thirty-seven of the executive law

shall not constitute a legal basis to suppress evidence pursuant to this

subdivision. A claim that a public servant failed to comply with

paragraph (c) of subdivision one of section 60.25 of this chapter or of

subdivision twenty-one of section eight hundred thirty-seven of the

executive law shall neither expand nor limit the rights an accused

person may derive under the constitution of this state or of the United

States.

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.