reglab/statecodes huggingface dataset:
2023 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 700 - Eavesdropping and Video Surveillance Warrants › 700.55 - Eavesdropping and Video Surveillance Warrants; Custody of Warrants, Applications and Recordings.

§  700.55  Eavesdropping  and  video  surveillance  warrants; custody of
warrants, applications and recordings.
1.  Applications made and warrants issued under this article shall  be
  sealed by the justice.  Any eavesdropping or video surveillance warrant,
  together  with  a  copy  of  papers upon which the application is based,
  shall be delivered to and retained by the applicant as authority for the
  eavesdropping or video surveillance authorized therein.  A copy of  such
  eavesdropping  or  video  surveillance  warrant,  together  with all the
  original papers upon which the application was based, must  be  retained
  by  the  justice issuing the same, and, in the event of the denial of an
  application for such an eavesdropping or video surveillance  warrant,  a
  copy of the papers upon which the application was based must be retained
  by  the justice denying the same.  Such applications and warrants may be
  disclosed only upon a showing of good cause before a court and  may  not
  be  destroyed  except on order of the issuing or denying justice, and in
  any event must be kept for ten years.
2.  Custody of the recordings made pursuant to  subdivision  three  of
  section  700.35  may  be  wherever the justice orders.   They may not be
  destroyed except upon an order of the justice who issued the warrant and
  in any event must be kept for ten years.   Duplicate recordings  may  be
  made  for  use  or disclosure pursuant to the provisions of subdivisions
  one and two of section 700.65 for investigations.
2023 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 700 - Eavesdropping and Video Surveillance Warrants › 700.60 - Eavesdropping Warrants; Reports to the Administrative Office of the United States Courts.

§ 700.60 Eavesdropping warrants; reports to the administrative office of
the United States courts.
1.  Within  thirty  days  after  the  termination  of an eavesdropping
  warrant or the expiration of an extension order, the issuing or  denying
  justice  must  submit  such  report  to the administrative office of the
  United States courts as is required by federal law.
2. In January of each year, the attorney  general  and  each  district
  attorney  must  submit  such  report to the administrative office of the
  United States courts as is required by federal law.
2023 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 700 - Eavesdropping and Video Surveillance Warrants › 700.70 - Eavesdropping Warrants; Notice Before Use of Evidence.

§ 700.70  Eavesdropping warrants; notice before use of evidence.
The  contents  of  any  intercepted communication, or evidence derived
  therefrom, may not be received in evidence or otherwise disclosed upon a
  trial of a defendant  unless  the  people,  within  fifteen  days  after
  arraignment  and  before  the  commencement  of  the  trial, furnish the
  defendant with a copy of the  eavesdropping  warrant,  and  accompanying
  application,  under which interception was authorized or approved.  This
  fifteen day period may be extended by the trial court  upon  good  cause
  shown  if  it  finds  that   the defendant will not be prejudiced by the
  delay in receiving such papers.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.00 - Definitions.

§ 705.00 Definitions.
As  used  in  this  article,  the  following  terms have the following
  meanings:
1. "Pen register" means a device which records or  decodes  electronic
  or  other  impulses  which  identify  the  numbers  dialed  or otherwise
  transmitted on the telephone line to which such device is attached,  but
  such  term does not include any device used by a provider or customer of
  a wire or electronic communication service for billing, or recording  as
  an  incident  to  billing,  for communications services provided by such
  provider or any device  used  by  a  provider  or  customer  of  a  wire
  communication  service for cost accounting or other like purposes in the
  ordinary course of its business.
2. "Trap and trace device" means a device which captures the  incoming
  electronic or other impulses which identify the originating number of an
  instrument  or  device from which a wire or electronic communication was
  transmitted.
3. "Applicant"  means  a  district  attorney,  an  assistant  district
  attorney, and when empowered by law to conduct an investigation of or to
  prosecute  or  participate in the prosecution of a designated crime, the
  attorney general, an assistant attorney  general,  the  deputy  attorney
  general  in  charge  of  the statewide organized crime task force, or an
  assistant deputy attorney general of such task force.
4. "Law enforcement agency" means any agency which is empowered by law
  to conduct an investigation or to make an arrest for a felony,  and  any
  agency  which  is  authorized  by law to prosecute or participate in the
  prosecution of a felony.
5. "Designated crime" means any crime included within  the  definition
  of a "designated offense" in subdivision eight of section 700.05 of this
  chapter,  any  criminal  act  as  defined  in subdivision one of section
  460.10 of the penal law, bail jumping in the first and second degree  as
  defined  in  sections  215.57  and  215.56  of such law, or   aggravated
  harassment as defined in subdivisions one and two of section  240.30  of
  such law.
6.  "Justice"  means justice as defined in subdivision four of section
  700.05 of this chapter.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.05 - Pen Register and Trap and Trace Authorizations; in General.

§ 705.05 Pen register and trap and trace authorizations; in general.
Under circumstances prescribed in this article, a justice may issue an
  order  authorizing  the use of a pen register or a trap and trace device
  upon ex parte application of an applicant who is authorized  by  law  to
  investigate,   prosecute  or  participate  in  the  prosecution  of  the
  designated crimes which are the subject of the application.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.10 - Orders Authorizing the Use of a Pen Register or a Trap and Trace Device; When Issuable.

§  705.10  Orders  authorizing  the  use of a pen register or a trap and
trace device; when issuable.
An order authorizing the use of a pen register or  a  trap  and  trace
  device may issue only:
1.  Upon  an  appropriate  application  made  in  conformity with this
  article; and
2. Upon a determination  that  an  application  sets  forth  specific,
  articulable  facts, warranting the applicant's reasonable suspicion that
  a designated crime has been, is being, or is about to be  committed  and
  demonstrating that the information likely to be obtained by use of a pen
  register  or  trap and trace device is or will be relevant to an ongoing
  criminal investigation of such designated crime.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.15 - Application for an Order Authorizing the Use of a Pen Register or a Trap and Trace Device.

§  705.15 Application for an order authorizing the use of a pen register
or a trap and trace device.
1. An ex parte application for an order or an extension  of  an  order
authorizing the use of a pen register or a trap and trace device must be
made to a justice in writing, and must be subscribed and sworn to by the
applicant.
2. The application must contain:
(a)  The  identity  of  the  applicant  and  the  identity  of the law
enforcement agency conducting the investigation; and
(b) A statement of facts and circumstances sufficient to  justify  the
applicant's  belief  that an order authorizing the use of a pen register
or a trap and trace device should be issued, including (i)  a  statement
of  the  specific  facts  on the basis of which the applicant reasonably
suspects that the designated crime has been, is being, or is about to be
committed and demonstrating that the information likely to  be  obtained
by  use  of  a  pen  register  or  a trap and trace device is or will be
relevant  to  an  ongoing  criminal  investigation  of  such  designated
offense, (ii) the identity, if known, of the person to whom is leased or
in  whose name is listed the telephone line to which the pen register or
trap and trace device is to be attached, (iii) the identity,  if  known,
of the person who is the subject of the criminal investigation, (iv) the
number  and,  if  known,  the physical location of the telephone line to
which the pen register or trap and trace device is to be  attached  and,
in  the  case  of  a trap and trace device, the geographic limits of the
trap and trace order, and (v) a statement of  the  designated  crime  or
crimes  to which the information likely to be obtained by the use of the
pen register or trap and trace device relates; and
(c) A statement of the period of time for which the authorization  for
the use of a pen register or a trap and trace device is required; and
(d)  A  statement  of  the facts concerning all previous applications,
known to the applicant, for an  order  authorizing  the  use  of  a  pen
register or a trap and trace device involving any of the same persons or
facilities  specified  in  the  application, and the action taken by the
justice on each such application.
3. Allegations of fact in the application may be based either upon the
personal knowledge of the applicant or upon information and  belief.  If
the  applicant personally knows the facts alleged, it must be so stated.
If the facts stated in the application are derived in whole or  in  part
from  the statements of persons other than the applicant, the sources of
such facts must be either disclosed or described.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.20 - Orders Authorizing the Use of a Pen Register or a Trap and Trace Device; Determination of Application.

§  705.20  Orders  authorizing  the  use of a pen register or a trap and
trace device; determination of application.
1. If the justice determines on the basis of the  facts  submitted  by
the  applicant  that grounds exist for the issue of an order authorizing
the use of a pen register or a trap and trace device pursuant to section
705.10 of this article, the justice  shall  grant  the  application  and
issue an order authorizing the use of a pen register or a trap and trace
device, in accordance with subdivision three of this section.
2.  If  the  application  does  not  conform to section 705.15 of this
article, or if the justice is not satisfied that grounds exist  for  the
issuance of an order authorizing the use of a pen register or a trap and
trace device, the application must be denied.
3. An order issued under this section must contain:
(a)  the name of the applicant, date of issuance, and the subscription
and title of the issuing justice; and
(b) the identity, if known, of the person to  whom  is  leased  or  in
whose  name  is  listed  the telephone line to which the pen register or
trap and trace device is to be attached; and
(c) the identity, if known, of the person who is the  subject  of  the
criminal investigation; and
(d)  the  number and, if known, the physical location of the telephone
line to which the pen register  or  trap  and  trace  device  is  to  be
attached  and,  in  the  case of a trap and trace device, the geographic
limits of the trap and trace order; and
(e) a statement of  the  designated  crime  or  crimes  to  which  the
information  likely to be obtained by the pen register or trap and trace
device relates.
4. An order issued under this section shall direct, upon  the  request
of  the  applicant,  the  furnishing  of  information,  facilities,  and
technical assistance necessary to accomplish the installation of the pen
register or trap and trace device under section 705.25 of this article.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.25 - Pen Register or Trap and Trace Device Orders; Time Period and Extensions.

§  705.25  Pen register or trap and trace device orders; time period and
extensions.
1.    An  order  issued  under  this  section  shall   authorize   the
  installation  and use of a pen register or a trap and trace device for a
  period not to exceed sixty days.
2.  Extensions of such an order may  be  granted,  but  only  upon  an
  application  for  an order under section 705.05 of this article and upon
  the judicial finding required by subdivision one of  section  705.10  of
  this  article.    The  period  of extension shall be for a period not to
  exceed sixty days.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.30 - Nondisclosure of Existence of Pen Register or a Trap and Trace Device.

§ 705.30  Nondisclosure of existence of pen register or a trap and trace
device.
An  order  authorizing  or approving the installation and use of a pen
  register or a trap and trace device shall direct that:
1. the order be sealed until otherwise ordered by the court; and
2. the person owning or leasing the line to which the pen register  or
  a  trap  and  trace  device  is attached, or who has been ordered by the
  court to provide assistance to the applicant, not disclose the existence
  of the pen register or trap and trace device or  the  existence  of  the
  investigation  to  the listed subscriber, or to any other person, unless
  or until otherwise ordered by the court.
2023 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 705 - Pen Registers and Trap and Trace Devices › 705.35 - Assistance in Installation and Use of a Pen Register or a Trap and Trace Device.

§ 705.35  Assistance in installation and use of a pen register or a trap
and trace device.
1.   Upon the request of an applicant authorized to use a pen register
  under this article, a provider of a  wire  or  electronic  communication
  service,  landlord,  custodian,  or  other  person  shall  furnish  such
  applicant, or his  agent,  forthwith  all  information,  facilities  and
  technical assistance necessary to accomplish the installation of the pen
  register  unobtrusively  and  with  a  minimum  of interference with the
  services that the person so ordered by the court accords the party  with
  respect  to  whom  the  installation  and  use is to take place, if such
  assistance is directed by a court order as provided in section 705.10 of
  this article.
2.  Upon the request of an applicant authorized to receive the results
  of a trap and trace device under this article, a provider of a  wire  or
  electronic  communication  service, landlord, custodian, or other person
  shall install such device forthwith on the appropriate  line  and  shall
  furnish   such  applicant  forthwith  all  information,  facilities  and
  technical assistance including installation and operation of the  device
  unobtrusively  and with a minimum of interference with the services that
  the person so ordered by the court accords the  party  with  respect  to
  whom the installation and use is to take place, if such installation and
  assistance  is directed by the court order as provided in section 705.10
  of this article.  Unless otherwise ordered by the court, the results  of
  the  trap  and  trace device shall be furnished to the applicant, or his
  agent, at reasonable intervals during regular  business  hours  for  the
  duration of the order.
3.    A  provider  of  a  wire  or  electronic  communication service,
  landlord,  custodian,  or  other  person  who  furnishes  facilities  or
  technical  assistance  pursuant  to  this  section  shall  be reasonably
  compensated for such reasonable  expenses  incurred  in  providing  such
  facilities and assistance.
4. No cause of action shall lie in any court against any provider of a
  wire  or  electronic  communication  service,  its  officers, employees,
  agents or other specified persons for providing information,  facilities
  or  assistance  in accordance with the terms of a court order under this
  article. A good faith reliance by a provider of  a  wire  or  electronic
  communication service upon the validity of a court order issued pursuant
  to  this article is a complete defense against any civil cause of action
  or criminal action based entirely on  a  failure  to  comply  with  this
  article.
2023 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 › 710.10 - Motion to Suppress Evidence; Definitions of Terms.

§ 710.10  Motion to suppress evidence; definitions of terms.
As  used  in  this  article,  the  following  terms have the following
  meanings:
1.  "Defendant" means a person who has been charged by  an  accusatory
  instrument with the commission of an offense.
2.    "Evidence,"  when  referring  to  matter in the possession of or
  available to a prosecutor, means  any  tangible  property  or  potential
  testimony which may be offered in evidence in a criminal action.
3.   "Potential testimony" means information or factual knowledge of a
  person who is or may be available as a witness.
4.  "Eavesdropping" means "wiretapping", "mechanical overhearing of  a
  conversation,"   or   "intercepting   or   accessing  of  an  electronic
  communication", as those terms are defined  in  section  250.00  of  the
  penal law.
5.    "Aggrieved."   An "aggrieved person" includes, but is in no wise
  limited to, an "aggrieved person"  as  defined  in  subdivision  two  of
  section forty-five hundred six of the civil practice law and rules.
6.  "Video surveillance" has the meaning given to that term by section
  700.05 of this chapter.
7.  "Pen register" and "trap and trace device" have the meanings given
  to those terms by subdivisions  one  and  two  respectively  of  section
  705.00 of this chapter.
2023 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 › 710.30 - Motion to Suppress Evidence; Notice to Defendant of Intention to Offer Evidence.

§  710.30  Motion to suppress evidence; notice to defendant of intention
to offer evidence.
1. Whenever the people intend to offer at a trial (a)  evidence  of  a
  statement  made  by  a defendant to a public servant, which statement if
  involuntarily made would render the evidence thereof  suppressible  upon
  motion pursuant to subdivision three of section 710.20, or (b) 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, to be given by a witness who has previously identified him  or
  her  or  a pictorial, photographic, electronic, filmed or video recorded
  reproduction of him or her as such, they must serve upon the defendant a
  notice of  such  intention,  specifying  the  evidence  intended  to  be
  offered.
2.  Such  notice  must be served within fifteen days after arraignment
  and before trial, and upon such service the defendant must  be  accorded
  reasonable opportunity to move before trial, pursuant to subdivision one
  of  section  710.40,  to suppress the specified evidence. For good cause
  shown, however, the court may permit the people to  serve  such  notice,
  thereafter  and  in  such  case  it must accord the defendant reasonable
  opportunity thereafter to make a suppression motion.
3. In the absence of service of notice upon a defendant as  prescribed
  in  this section, no evidence of a kind specified in subdivision one may
  be received against him upon trial unless he has, despite  the  lack  of
  such  notice,  moved  to suppress such evidence and such motion has been
  denied and the evidence thereby rendered  admissible  as  prescribed  in
  subdivision two of section 710.70.
2023 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 › 710.40 - Motion to Suppress Evidence; When Made and Determined.

§ 710.40  Motion to suppress evidence; when made and determined.
1.   A motion to suppress evidence must be made after the commencement
  of the criminal action in which such evidence is allegedly about  to  be
  offered,  and,  except  as  otherwise  provided in section 710.30 and in
  subdivision two of this section, it  must  be  made  within  the  period
  provided in subdivision one of section 255.20.
2.    The  motion  may  be  made  for  the  first  time when, owing to
  unawareness of facts constituting the basis thereof or to other factors,
  the defendant did not have reasonable opportunity  to  make  the  motion
  previously, or when the evidence which he seeks to suppress is of a kind
  specified  in  section  710.30  and  he was not served by the people, as
  provided in said section 710.30, with a pre-trial notice of intention to
  offer such evidence at the trial.
3.   When the motion is made  before  trial,  the  trial  may  not  be
  commenced until determination of the motion.
4.    If  after a pre-trial determination and denial of the motion the
  court is satisfied, upon a showing by  the  defendant,  that  additional
  pertinent facts have been discovered by the defendant which he could not
  have  discovered  with  reasonable diligence before the determination of
  the motion, it may permit him to renew the motion before  trial  or,  if
  such  was not possible owing to the time of the discovery of the alleged
  new facts, during trial.
2023 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 › 710.50 - Motion to Suppress Evidence; in What Courts Made.

§ 710.50  Motion to suppress evidence; in what courts made.
1.    The particular courts in which motions to suppress evidence must
be made are as follows:
(a)   If an indictment is pending in  a  superior  court,  or  if  the
defendant  has  been  held by a local criminal court for the action of a
grand jury, the motion must be made in the superior court in which  such
indictment  is  pending  or  which  impaneled or will impanel such grand
jury.  If the superior court which will impanel such grand jury  is  the
supreme court, the motion may, in the alternative, be made in the county
court of the county in which the action is pending;
(b)    If  a  currently  undetermined felony complaint is pending in a
local criminal court, the motion must be  made  in  the  superior  court
which  would  have trial jurisdiction of the offense or offenses charged
were an indictment therefor to result;
(c)   If an information,  a  simplified  information,  a  prosecutor's
information  or  a  misdemeanor complaint is pending in a local criminal
court, the motion must be made in such court.
2.  If after a motion has been made in and determined  by  a  superior
court  a  local criminal court acquires trial jurisdiction of the action
by reason of an information, a prosecutor's information or a misdemeanor
complaint  filed  therewith,  such  superior  court's  determination  is
binding  upon  such  local criminal court.   If, however, the motion has
been made in but not yet determined by the superior court at the time of
the filing of such information, prosecutor's information or  misdemeanor
complaint,  the  superior  court  may  not determine the motion but must
refer it to the local criminal court of trial jurisdiction.
2023 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 › 710.60 - Motion to Suppress Evidence; Procedure.

§ 710.60 Motion to suppress evidence; procedure.
1.  A motion to suppress evidence made before trial must be in writing
and upon reasonable notice to the people  and  with  opportunity  to  be
heard.  The motion papers must state the ground or grounds of the motion
and must contain sworn allegations of fact, whether of the defendant  or
of another person or persons, supporting such grounds.  Such allegations
may be based upon personal knowledge of the deponent or upon information
and  belief,  provided  that  in  the  latter  event the sources of such
information and the grounds of such belief are stated.  The  people  may
file with the court, and in such case must serve a copy thereof upon the
defendant  or  his counsel, an answer denying or admitting any or all of
the allegations of the moving papers.
2. The court must summarily grant the motion if:
(a) The motion papers comply with the requirements of subdivision  one
and  the  people  concede the truth of allegations of fact therein which
support the motion; or
(b) The people stipulate that the evidence  sought  to  be  suppressed
will  not  be  offered  in evidence in any criminal action or proceeding
against the defendant.
3. The court may summarily deny the motion if:
(a) The motion papers do not allege a ground constituting legal  basis
for the motion; or
(b)  The  sworn  allegations of fact do not as a matter of law support
the ground alleged; except that this paragraph does not apply where  the
motion is based upon the ground specified in subdivision three or six of
section 710.20.
4. If the court does not determine the motion pursuant to subdivisions
two  or  three,  it  must  conduct  a  hearing and make findings of fact
essential to the  determination  thereof.  All  persons  giving  factual
information at such hearing must testify under oath, except that unsworn
evidence  pursuant  to  subdivision two of section 60.20 of this chapter
may also be received. Upon such hearing, hearsay evidence is  admissible
to establish any material fact.
5.  A  motion to suppress evidence made during trial may be in writing
and may be litigated and determined on the basis  of  motion  papers  as
provided  in  subdivisions one through four, or it may, instead, be made
orally in open court.  In  the  latter  event,  the  court  must,  where
necessary,  also  conduct a hearing as provided in subdivision four, out
of the presence of the jury if any, and make findings of fact  essential
to the determination of the motion.
6.  Regardless  of  whether  a  hearing was conducted, the court, upon
determining the motion, must set forth on the  record  its  findings  of
fact, its conclusions of law and the reasons for its determination.
2023 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 › 710.70 - Motion to Suppress Evidence; Orders of Suppression; Effects of Orders and of Failure to Make Motion.

§ 710.70  Motion to suppress evidence; orders of suppression; effects of
orders and of failure to make motion.
1.   Upon granting a motion to suppress evidence, the court must order
  that the evidence in question be excluded in the criminal action pending
  against the defendant.    When  the  order  is  based  upon  the  ground
  specified  in  subdivision  one  of section 710.20 and excludes tangible
  property unlawfully taken from the defendant's possession, and when such
  property is not otherwise subject to lawful retention,  the  court  may,
  upon  request  of  the  defendant,  further  order that such property be
  restored to him.
2.  An order finally denying a motion  to  suppress  evidence  may  be
  reviewed   upon  an  appeal  from  an  ensuing  judgment  of  conviction
  notwithstanding the fact that such judgment is entered upon  a  plea  of
  guilty.
3.  A motion to suppress evidence made pursuant to this article is the
  exclusive  method  of challenging the admissibility of evidence upon the
  grounds specified in section 710.20, and a defendant who does  not  make
  such  a  motion  before or in the course of a criminal action waives his
  right to judicial determination of any such contention.
Nothing contained in this article, however, precludes a defendant from
  attempting to establish at a  trial  that  evidence  introduced  by  the
  people of a pre-trial statement made by him should be disregarded by the
  jury  or  other trier of the facts on the ground that such statement was
  involuntarily made within the meaning of section 60.45.  Even though the
  issue of the admissibility of such evidence was  not  submitted  to  the
  court,  or  was  determined  adversely to the defendant upon motion, the
  defendant may adduce trial  evidence  and  otherwise  contend  that  the
  statement  was  involuntarily  made.    In the case of a jury trial, the
  court must submit such issue to the jury under instructions to disregard
  such evidence upon a finding that the statement was involuntarily made.
2023 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 715 - Destruction of Dangerous Drugs › 715.05 - Dangerous Drugs; Definition.

§ 715.05 Dangerous drugs; definition.
"Dangerous  drugs"  means any substance listed in schedule I, II, III,
  IV or V of section thirty-three hundred six of the public health law.
2023 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 715 - Destruction of Dangerous Drugs › 715.10 - Pretrial Motion to Destroy Dangerous Drugs.

§ 715.10  Pretrial motion to destroy dangerous drugs.
1.    Subject  to  the limitations in paragraph (b) of subdivision two
hereof a district attorney may move in a superior court for an order  of
destruction  of  the  dangerous  drugs  in  felony  cases  involving the
possession or sale of such drugs.
2.  A motion for an order of destruction of dangerous drugs  shall  be
in  writing,  have attached thereto a copy of the report of analysis and
shall be made in the following manner:
(a)  Ex parte; where no defendants have been  arrested  in  connection
with the seizure of such drugs and a showing is made upon affidavit that
the   likelihood  of  any  future  arrest  in  connection  therewith  is
nonexistent; or
(b)  Upon notice, when a defendant has been arraigned  in  a  superior
court  upon  an  indictment  charging  him  with  a felony involving the
possession or sale of a dangerous drug and the dangerous drugs sought to
be destroyed are material to the prosecution of said indictment.
3.  When such motion is ex parte, the court may order the  destruction
of all or part of the subject drugs.
4.   When such motion is upon notice, further proceedings shall be had
as provided in section 715.20 hereof.
2023 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 715 - Destruction of Dangerous Drugs › 715.20 - Proceedings on Motion Upon Notice.

§ 715.20  Proceedings on motion upon notice.
1.   When such motion is on notice, a hearing thereon shall be held by
  the court before which it is returnable not later than thirty days after
  the return date and the defendant shall be present at such hearing.
2.  A hearing held pursuant to this section  shall  be  conducted  and
  recorded  in  the  same  manner  as would be required were the witnesses
  testifying at trial.  The district attorney shall establish by competent
  evidence the nature and quantity of the dangerous drugs  which  are  the
  subject  of  the  motion.    Each party shall have the right to call and
  cross examine witnesses  and  to  register  objections  and  to  receive
  rulings of the court thereon.
3.  If the court finds upon the conclusion of the hearing that neither
  the  prosecution  nor  the  defendant  will be prejudiced thereby it may
  grant the motion and may make such order as it may deem appropriate  for
  the destruction of part or all of such drugs.
4.   A defendant may waive such hearing and consent to the granting of
  the motion and  entry  of  an  order  of  destruction  either  by  sworn
  affidavit  or  by  personal  appearance  in court and declaration on the
  record of such waiver and consent.
2023 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 715 - Destruction of Dangerous Drugs › 715.30 - Orders of the Court.

§ 715.30  Orders of the court.
1.   In any proceeding brought pursuant to this article, the court may
  grant or deny any motion made hereunder or the relief requested  therein
  in  whole  or  in part and issue any order thereon as it may deem proper
  and as the interests of justice may require in order to  effectuate  the
  provisions of this article.
2.    An  order of destruction of a dangerous drug issued by the court
  pursuant  to  this  article  shall  state  the  time  within  which  the
  provisions  of  such order are to be complied with.  It shall direct the
  person having custody of the drug to make provision for the  destruction
  thereof  in the presence of at least two witnesses, at least one of whom
  shall be a police officer.
2023 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 715 - Destruction of Dangerous Drugs › 715.40 - Affidavit of Destruction.

§ 715.40  Affidavit of destruction.
An  affidavit  attesting  to  the  date,  time,  place  and  manner of
  destruction of a dangerous  drug  pursuant  to  an  order  therefor  and
  identifying  the same by reference to the report of analysis or by other
  identifying number or system and the order of the court issued  thereon,
  shall  be filed with the court by the person who destroyed the drugs and
  by each of the witnesses required to be present by  subdivision  two  of
  section 715.30 of this article.
2023 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 715 - Destruction of Dangerous Drugs › 715.50 - Analysis of Dangerous Drugs.

§ 715.50  Analysis of dangerous drugs.
1.    On and after September first, nineteen hundred seventy-three, in
  every felony case involving the possession or sale of a dangerous  drug,
  the  head  of  the  agency  charged  with  custody of such drugs, or his
  designee, shall within forty-five days after receipt thereof perform  or
  cause  to  be  performed  an  analysis  of  such drugs, such analysis to
  include  qualitative   identification;   weight   and   quantity   where
  appropriate.
2.    Within ten days after the report of such analysis is received by
  such agency, the head thereof or  his  designee  shall  forward  a  copy
  thereof  to  the  appropriate  district  attorney  and inform him of the
  location where the subject drugs are being held.
3.  The failure to have an analysis made or to forward a copy  thereof
  within  the  time  specified in subdivisions one and two of this section
  shall not be deemed or construed to bar the  making  or  granting  of  a
  motion  pursuant  to  this  article  or  to  the  prosecution  of a case
  involving such drugs.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 720 - Youthful Offender Procedure › 720.15 - Youthful Offender Procedure; Sealing of Accusatory Instrument; Privacy of Proceedings; Preliminary Instructions to Jury.

§  720.15 Youthful offender procedure; sealing of accusatory instrument;
privacy of proceedings; preliminary instructions to jury.
1. When an accusatory instrument against an apparently eligible  youth
  is  filed with a court, it shall be filed as a sealed instrument, though
  only with respect to the public.
2. When a youth is initially arraigned upon an accusatory  instrument,
  such  arraignment  and  all proceedings in the action thereafter may, in
  the discretion of  the  court  and  with  the  defendant's  consent,  be
  conducted in private.
3.  The  provisions  of  subdivisions  one  and  two  of  this section
  requiring or authorizing the accusatory instrument filed against a youth
  to be sealed, and the arraignment and all proceedings in the  action  to
  be  conducted  in  private  shall not apply in connection with a pending
  charge of committing any felony offense as defined in the penal law. The
  provisions of subdivision one requiring the accusatory instrument  filed
  against  a  youth  to  be  sealed  shall  not apply where such youth has
  previously been adjudicated a youthful offender or convicted of a crime.
4. Notwithstanding any provision in this  article,  a  person  charged
  with  prostitution  as  defined  in  section  230.00  of  the  penal law
  regardless of whether such person (i) had prior to commencement of trial
  or entry of a plea of guilty been  convicted  of  a  crime  or  found  a
  youthful   offender,   or   (ii)   subsequent  to  such  conviction  for
  prostitution is convicted of a crime or found a youthful  offender,  the
  provisions  of  subdivisions  one  and  two of this section requiring or
  authorizing the accusatory  instrument  filed  against  a  youth  to  be
  sealed,  and  the  arraignment  and  all proceedings in the action to be
  conducted in private shall apply.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 720 - Youthful Offender Procedure › 720.25 - Youthful Offender Adjudication; Certain Exemptions.

§ 720.25 Youthful offender adjudication; certain exemptions.
Notwithstanding any inconsistent provisions of law:
1.  where  the  court  is required to find that a person is a youthful
  offender pursuant to section 170.80 of this chapter, the fact that  such
  person  has  previously  been  convicted  of  a  crime  or adjudicated a
  youthful offender shall not prevent such person from being adjudicated a
  youthful offender as required by such section; and
2. a youthful offender adjudication pursuant to section 170.80 of this
  chapter shall not be considered in determining whether a  person  is  an
  eligible  youth,  or  in determining whether to find a person a youthful
  offender, in any subsequent youthful offender adjudication.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 720 - Youthful Offender Procedure › 720.30 - Youthful Offender Adjudication; Post-Judgment Motions and Appeal.

§  720.30    Youthful  offender  adjudication; post-judgment motions and
appeal.
The provisions of this chapter, governing the making and determination
  of post-judgment motions and the taking and determination of appeals  in
  criminal  cases, apply to post-judgment motions and appeals with respect
  to  youthful  offender  adjudications  wherever  such   provisions   can
  reasonably be so applied.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 722 - Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part And Related Procedures › 722.00 - Probation Case Plans.

§ 722.00 Probation case plans.
1.  All  juvenile offenders and adolescent offenders shall be notified
  of the availability of services through the local probation  department.
  Such  services  shall include the ability of the probation department to
  conduct  a  risk  and  needs  assessment,  utilizing  a  validated  risk
  assessment  tool, in order to help determine suitable and individualized
  programming  and  referrals.  Participation  in  such  risk  and   needs
  assessment  shall  be  voluntary and the adolescent offender or juvenile
  offender may be accompanied by counsel during any such assessment. Based
  upon the assessment findings, the probation department shall  refer  the
  adolescent  offender  or  juvenile offender to available and appropriate
  services.
2. Nothing shall preclude the probation department and the  adolescent
  offender  or  juvenile  offender  from entering into a voluntary service
  plan  which  may  include  alcohol,  substance  use  and  mental  health
  treatment  and  services. To the extent practicable, such services shall
  continue through the pendency of the action and shall  further  continue
  where such action is removed in accordance with this article.
3.  When  preparing  a  pre-sentence  investigation report of any such
  adolescent offender or juvenile offender, the probation department shall
  incorporate a summary of any assessment findings, referrals and progress
  with respect to mitigating risk and addressing any identified needs.
4. The probation service shall not transmit or  otherwise  communicate
  to  the  district  attorney  or the youth part any statement made by the
  juvenile or adolescent offender to a  probation  officer.  However,  the
  probation  service may make a recommendation regarding the completion of
  his or her case plan to the youth part and provide such  information  as
  it shall deem relevant.
5.  No  statement  made  to the probation service may be admitted into
  evidence at a fact-finding hearing at any time prior to a conviction.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions › Article 722 - Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part And Related Procedures › 722.10 - Youth Part of the Superior Court Established.

§ 722.10 Youth part of the superior court established.
1.  The  chief  administrator  of  the  courts  is  hereby directed to
  establish, in a superior court in each county of the state,  a  part  of
  the  court  to  be known as the youth part of the superior court for the
  county in which such court presides. Judges presiding in the youth  part
  shall  be  family court judges, as described in article six, section one
  of the constitution. To aid in their work,  such  judges  shall  receive
  training  in  specialized areas, including, but not limited to, juvenile
  justice,  adolescent  development,  custody  and  care  of  youths   and
  effective treatment methods for reducing unlawful conduct by youths, and
  shall  be authorized to make appropriate determinations within the power
  of such superior court with respect to the cases of youths  assigned  to
  such  part.  The  youth  part  shall  have exclusive jurisdiction in all
  proceedings in relation to juvenile offenders and adolescent  offenders,
  except  as provided in this article or article seven hundred twenty-five
  of this chapter.
2. The chief  administrator  of  the  courts  shall  also  direct  the
  presiding justice of the appellate division, in each judicial department
  of the state, to designate judges authorized by law to exercise criminal
  jurisdiction  to  serve  as  accessible  magistrates, for the purpose of
  acting  in  place  of  the  youth  part  for  certain  first  appearance
  proceedings  involving youths, as provided by law. When designating such
  magistrates, the presiding justice shall ensure  that  all  areas  of  a
  county  are  within  a reasonable distance of a designated magistrate. A
  judge authorized to preside as such a  magistrate  shall  have  received
  training  in  specialized areas, including, but not limited to, juvenile
  justice,  adolescent  development,  custody  and  care  of  youths   and
  effective treatment methods for reducing unlawful conduct by youths.