NY Crim Pro L § 710.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title T - Procedures for Securing Evidence by Means of Court Order and for Suppressing Evidence Unlawfully or Improperly Obtained Article 710 - Motion to Suppress Evidence 710.20 - Motion to Suppress Evidence; in General; Grounds For.

§ 710.20 Motion to suppress evidence; in general; grounds for.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; or2. 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; or3.  Consists of a record or potential testimony reciting or describing   a statement of such defendant involuntarily made, within the meaning  of   section 60.45; or4.  Was  obtained  as  a result of other evidence obtained in a manner   described in subdivisions one, two and three; or5. Consists of a chemical test of the defendant's  blood  administered   in  violation  of  the provisions of subdivision three of section eleven   hundred ninety-four of the vehicle and traffic law, subdivision eight of   section forty-nine-a of the navigation law, subdivision seven of section   25.24 of the parks, recreation and historic  preservation  law,  or  any   other applicable law; or6.  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  section  eight hundred thirty-seven 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 section  eight  hundred  thirty-seven  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.