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.
Terms Used In N.Y. Criminal Procedure Law 710.20
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person who has been charged by an accusatory instrument with the commission of an offense. See N.Y. Criminal Procedure Law 710.10
- Eavesdropping: means "wiretapping" "mechanical overhearing of a conversation" or "intercepting or accessing of an electronic communication" as those terms are defined in § 250. See N.Y. Criminal Procedure Law 710.10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Potential testimony: means information or factual knowledge of a person who is or may be available as a witness. See N.Y. Criminal Procedure Law 710.10
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Video surveillance: has the meaning given to that term by section 700. See N.Y. Criminal Procedure Law 710.10
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 § 1194 of the vehicle and traffic law, subdivision eight of § 49-a of the navigation law, subdivision seven of § 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 § 837 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 § 837 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.