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 › 710.20 - 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; 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 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; 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  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.