N.Y. FCT Law § 330.2 — New York Code / Act FCT / Article 3 / Part 3 / Section 330.2
Suppression of evidence
Status: in_force

§ 330.2. Suppression of evidence. 1. A respondent in a juvenile\ndelinquency proceeding may make a motion to suppress evidence in\naccordance with sections 710.20 and 710.60 of the criminal procedure\nlaw.\n  2. Whenever the presentment agency intends to offer at a fact-finding\nhearing evidence described in section 710.20 or subdivision one of\nsection 710.30 of the criminal procedure law, such agency must serve\nupon respondent notice of such intention. Such notice must be served\nwithin fifteen days after the conclusion of the initial appearance or\nbefore the fact-finding hearing, whichever occurs first, unless the\ncourt, for good cause shown, permits later service and accords the\nrespondent a reasonable opportunity to make a suppression motion\nthereafter. If the respondent is detained, the court shall direct that\nsuch notice be served on an expedited basis.\n  3. When a motion to suppress evidence is made before the commencement\nof the fact-finding hearing, the fact-finding hearing shall not be held\nuntil the determination of the motion.\n  4. After the pre-trial determination and denial of the motion, if the\ncourt is satisfied, upon a showing by the respondent, that additional\npertinent facts have been discovered by the respondent which could not\nhave been discovered by the respondent with reasonable diligence before\ndetermination of the motion, it may permit him to renew. Such motion to\nrenew shall be made prior to the commencement of the fact-finding\nhearing, unless the additional pertinent facts were discovered during\nthe fact-finding hearing.\n  5. Upon granting a motion to suppress evidence, the court must order\nthat the evidence in question be excluded. When the order excludes\ntangible property unlawfully taken from the respondent's possession, and\nwhen such property is not otherwise subject to lawful retention, the\ncourt may, upon request of the respondent, further order that such\nproperty be restored to him.\n  6. An order finally denying a motion to suppress evidence may be\nreviewed upon an appeal from an ensuing finding of delinquency,\nnotwithstanding the fact that such finding is entered upon an admission\nmade by the respondent, unless the respondent, upon an admission,\nexpressly waives his right to appeal.\n  7. A motion to suppress evidence is the exclusive method of\nchallenging the admissibility of evidence upon the grounds specified in\nthis section, and a respondent who does not make such a motion waives\nhis right to judicial determination of any such contention.\n  8. In the absence of service of notice upon a respondent as prescribed\nin this section, no evidence of a kind specified in subdivision two may\nbe received against him at the fact-finding hearing unless he has,\ndespite the lack of such notice, moved to suppress such evidence and\nsuch motion has been denied.\n  9. An order granting a motion to suppress evidence shall be deemed an\norder of disposition appealable under section eleven hundred twelve. In\ntaking such an appeal the presentment agency must file, in addition to a\nnotice of appeal, a statement alleging that the deprivation of the use\nof the evidence ordered suppressed has rendered the sum of the proof\navailable to the presentment agency either: (a) insufficient as a matter\nof law, or (b) so weak in its entirety that any reasonable possibility\nof proving the allegations contained in the petition has been\neffectively destroyed.  If the respondent is in detention he shall be\nreleased pending such appeal unless the court, upon conducting a\nhearing, enters an order continuing detention. An order continuing\ndetention under this subdivision may be stayed by the appropriate\nappellate division.\n  10. The taking of an appeal by the presentment agency pursuant to\nsubdivision nine constitutes a bar to the presentment of the petition\ninvolving the evidence ordered suppressed, unless and until such\nsuppression is reversed upon appeal and vacated.\n