Motion to suppress evidence; in what courts made
New YorkStatutes
Ask Donna
How this section applies to your facts.
New York Code › Act CPL › Part 3 › Title T › Article 710 › Section 710.50
Text
§ 710.50 Motion to suppress evidence; in what courts made.\n 1. The particular courts in which motions to suppress evidence must\nbe made are as follows:\n (a) If an indictment is pending in a superior court, or if the\ndefendant has been held by a local criminal court for the action of a\ngrand jury, the motion must be made in the superior court in which such\nindictment is pending or which impaneled or will impanel such grand\njury. If the superior court which will impanel such grand jury is the\nsupreme court, the motion may, in the alternative, be made in the county\ncourt of the county in which the action is pending;\n (b) If a currently undetermined felony complaint is pending in a\nlocal criminal court, the motion must be made in the superior court\nwhich would have trial jurisdiction of the offense or offenses charged\nwere an indictment therefor to result;\n (c) If an information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint is pending in a local criminal\ncourt, the motion must be made in such court.\n 2. If after a motion has been made in and determined by a superior\ncourt a local criminal court acquires trial jurisdiction of the action\nby reason of an information, a prosecutor's information or a misdemeanor\ncomplaint filed therewith, such superior court's determination is\nbinding upon such local criminal court. If, however, the motion has\nbeen made in but not yet determined by the superior court at the time of\nthe filing of such information, prosecutor's information or misdemeanor\ncomplaint, the superior court may not determine the motion but must\nrefer it to the local criminal court of trial jurisdiction.\n
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.