N.Y. Criminal Procedure Law § 710.50: Motion to suppress evidence; in what courts made

§ 710.50 Motion to suppress evidence; in what courts made.

1. The particular courts in which motions to suppress evidence must

be made are as follows:

(a) If an indictment is pending in a superior court, or if the

defendant has been held by a local criminal court for the action of a

grand jury, the motion must be made in the superior court in which such

indictment is pending or which impaneled or will impanel such grand

jury. If the superior court which will impanel such grand jury is the

supreme court, the motion may, in the alternative, be made in the county

court of the county in which the action is pending;

(b) If a currently undetermined felony complaint is pending in a

local criminal court, the motion must be made in the superior court

which would have trial jurisdiction of the offense or offenses charged

were an indictment therefor to result;

(c) If an information, a simplified information, a prosecutor's

information or a misdemeanor complaint is pending in a local criminal

court, the motion must be made in such court.

2. If after a motion has been made in and determined by a superior

court a local criminal court acquires trial jurisdiction of the action

by reason of an information, a prosecutor's information or a misdemeanor

complaint filed therewith, such superior court's determination is

binding upon such local criminal court. If, however, the motion has

been made in but not yet determined by the superior court at the time of

the filing of such information, prosecutor's information or misdemeanor

complaint, the superior court may not determine the motion but must

refer it to the local criminal court of trial jurisdiction.