Section 710.30. Motion to suppress evidence; notice to defendant of intention to offer evidence  


Latest version.
  • 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  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.