N.Y. Family Court Act § 330.2: Suppression of evidence

§ 330.2. Suppression of evidence. 1. A respondent in a juvenile

delinquency proceeding may make a motion to suppress evidence in

accordance with sections 710.20 and 710.60 of the criminal procedure

law.

2. Whenever the presentment agency intends to offer at a fact-finding

hearing evidence described in section 710.20 or subdivision one of

section 710.30 of the criminal procedure law, such agency must serve

upon respondent notice of such intention. Such notice must be served

within fifteen days after the conclusion of the initial appearance or

before the fact-finding hearing, whichever occurs first, unless the

court, for good cause shown, permits later service and accords the

respondent a reasonable opportunity to make a suppression motion

thereafter. If the respondent is detained, the court shall direct that

such notice be served on an expedited basis.

3. When a motion to suppress evidence is made before the commencement

of the fact-finding hearing, the fact-finding hearing shall not be held

until the determination of the motion.

4. After the pre-trial determination and denial of the motion, if the

court is satisfied, upon a showing by the respondent, that additional

pertinent facts have been discovered by the respondent which could not

have been discovered by the respondent with reasonable diligence before

determination of the motion, it may permit him to renew. Such motion to

renew shall be made prior to the commencement of the fact-finding

hearing, unless the additional pertinent facts were discovered during

the fact-finding hearing.

5. Upon granting a motion to suppress evidence, the court must order

that the evidence in question be excluded. When the order excludes

tangible property unlawfully taken from the respondent's possession, and

when such property is not otherwise subject to lawful retention, the

court may, upon request of the respondent, further order that such

property be restored to him.

6. An order finally denying a motion to suppress evidence may be

reviewed upon an appeal from an ensuing finding of delinquency,

notwithstanding the fact that such finding is entered upon an admission

made by the respondent, unless the respondent, upon an admission,

expressly waives his right to appeal.

7. A motion to suppress evidence is the exclusive method of

challenging the admissibility of evidence upon the grounds specified in

this section, and a respondent who does not make such a motion waives

his right to judicial determination of any such contention.

8. In the absence of service of notice upon a respondent as prescribed

in this section, no evidence of a kind specified in subdivision two may

be received against him at the fact-finding hearing unless he has,

despite the lack of such notice, moved to suppress such evidence and

such motion has been denied.

9. An order granting a motion to suppress evidence shall be deemed an

order of disposition appealable under section eleven hundred twelve. In

taking such an appeal the presentment agency must file, in addition to a

notice of appeal, a statement alleging that the deprivation of the use

of the evidence ordered suppressed has rendered the sum of the proof

available to the presentment agency either: (a) insufficient as a matter

of law, or (b) so weak in its entirety that any reasonable possibility

of proving the allegations contained in the petition has been

effectively destroyed. If the respondent is in detention he shall be

released pending such appeal unless the court, upon conducting a

hearing, enters an order continuing detention. An order continuing

detention under this subdivision may be stayed by the appropriate

appellate division.

10. The taking of an appeal by the presentment agency pursuant to

subdivision nine constitutes a bar to the presentment of the petition

involving the evidence ordered suppressed, unless and until such

suppression is reversed upon appeal and vacated.