Section 710.20. Motion to suppress evidence; in general; grounds for  


Latest version.
  • 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 by the prospective witness.
        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.