N.Y. Criminal Procedure Law § 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 or

her or a pictorial, photographic, electronic, filmed or video recorded

reproduction of him or her 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.