# N.Y. CPL Law § 710.40: Motion to suppress evidence; when made and determined

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.40

## Section

- **Citation:** N.Y. CPL Law § 710.40
- **Heading:** Motion to suppress evidence; when made and determined
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act CPL / Part 3 / Title T / Article 710 / Section 710.40

## Text

§ 710.40 Motion to suppress evidence; when made and determined.\n 1. A motion to suppress evidence must be made after the commencement\nof the criminal action in which such evidence is allegedly about to be\noffered, and, except as otherwise provided in section 710.30 and in\nsubdivision two of this section, it must be made within the period\nprovided in subdivision one of section 255.20.\n 2. The motion may be made for the first time when, owing to\nunawareness of facts constituting the basis thereof or to other factors,\nthe defendant did not have reasonable opportunity to make the motion\npreviously, or when the evidence which he seeks to suppress is of a kind\nspecified in section 710.30 and he was not served by the people, as\nprovided in said section 710.30, with a pre-trial notice of intention to\noffer such evidence at the trial.\n 3. When the motion is made before trial, the trial may not be\ncommenced until determination of the motion.\n 4. If after a pre-trial determination and denial of the motion the\ncourt is satisfied, upon a showing by the defendant, that additional\npertinent facts have been discovered by the defendant which he could not\nhave discovered with reasonable diligence before the determination of\nthe motion, it may permit him to renew the motion before trial or, if\nsuch was not possible owing to the time of the discovery of the alleged\nnew facts, during trial.\n

## Nearby sections

- [N.Y. CPL Law § 710.10 Motion to suppress evidence; definitions of terms](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.10.md)
- [N.Y. CPL Law § 710.20 Motion to suppress evidence; in general; grounds for](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.20.md)
- [N.Y. CPL Law § 710.30 Motion to suppress evidence; notice to defendant of intention to offer evidence](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.30.md)
- [N.Y. CPL Law § 710.40 Motion to suppress evidence; when made and determined](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.40.md)
- [N.Y. CPL Law § 710.50 Motion to suppress evidence; in what courts made](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.50.md)
- [N.Y. CPL Law § 710.60 Motion to suppress evidence; procedure](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.60.md)
- [N.Y. CPL Law § 710.70 Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.70.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P3_TT_A710_S710.40. Check the current official text before relying on it. Not legal advice.