2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 255 - Pre-Trial Motions › 255.20 - Pre-Trial Motions; Procedure.

§ 255.20 Pre-trial motions; procedure.
1.  Except  as  otherwise  expressly  provided  by  law,  whether  the
  defendant is represented by counsel or elects to  proceed  pro  se,  all
  pre-trial  motions shall be served or filed within forty-five days after
  arraignment and before commencement of trial, or within such  additional
  time  as  the court may fix upon application of the defendant made prior
  to entry of judgment. In an action  in  which  either  (a)  material  or
  information  has  been  disclosed  pursuant  to  paragraph (m) or (n) of
  subdivision one of section 245.20 of this title,  (b)  an  eavesdropping
  warrant  and  application have been furnished pursuant to section 700.70
  of this chapter, or (c) a notice of intention to introduce evidence  has
  been  served  pursuant  to  section  710.30 of this chapter, such period
  shall be extended until forty-five days after  the  last  date  of  such
  service.  If  the  defendant  is  not  represented  by  counsel  and has
  requested an adjournment to obtain counsel or to have counsel  assigned,
  such  forty-five day period shall commence on the date counsel initially
  appears on defendant's behalf.
2. All pre-trial motions, with  supporting  affidavits,  affirmations,
  exhibits  and  memoranda of law, whenever practicable, shall be included
  within the same set of motion papers, and shall be  made  returnable  on
  the  same  date, unless the defendant shows that it would be prejudicial
  to the defense were  a  single  judge  to  consider  all  the  pre-trial
  motions.  Where one motion seeks to provide the basis for making another
  motion, it shall be deemed impracticable to include both motions in  the
  same set of motion papers pursuant to this subdivision.
3.  Notwithstanding the provisions of subdivisions one and two hereof,
  the court must entertain and decide on its merits, at anytime before the
  end of the trial, any appropriate pre-trial motion based upon grounds of
  which the defendant could not, with due diligence, have been  previously
  aware,  or  which,  for other good cause, could not reasonably have been
  raised within the period specified in subdivision one of this section or
  included  within  the  single  set  of  motion  papers  as  required  by
  subdivision  two.  Any  other pre-trial motion made after the forty-five
  day period may be summarily denied, but the court, in  the  interest  of
  justice,  and  for good cause shown, may, in its discretion, at any time
  before sentence, entertain and dispose of the motion on the merits.
4. Any pre-trial motion, whether made before or  after  expiration  of
  the period specified in subdivision one of this section, may be referred
  by the court to a judicial hearing officer who shall entertain it in the
  same  manner  as  a  court. In the discharge of this responsibility, the
  judicial hearing officer shall have the same powers as a  judge  of  the
  court  making  the  assignment, except that the judicial hearing officer
  shall not determine the motion but shall file a report  with  the  court
  setting  forth  findings  of  fact  and conclusions of law. The rules of
  evidence shall be applicable at any hearing  conducted  hereunder  by  a
  judicial  hearing officer. A transcript of any testimony taken, together
  with the exhibits or copies thereof, shall be filed with the report. The
  court shall determine the motion on the motion  papers,  affidavits  and
  other  documents  submitted  by  the  parties thereto, the record of the
  hearing before the judicial hearing officer, and  the  judicial  hearing
  officer's report.