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This entry was published on 2014-09-22
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SECTION 710.40
Motion to suppress evidence; when made and determined
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 710
§ 710.40 Motion to suppress evidence; when made and determined.

1. A motion to suppress evidence must be made after the commencement
of the criminal action in which such evidence is allegedly about to be
offered, and, except as otherwise provided in section 710.30 and in
subdivision two of this section, it must be made within the period
provided in subdivision one of section 255.20.

2. The motion may be made for the first time when, owing to
unawareness of facts constituting the basis thereof or to other factors,
the defendant did not have reasonable opportunity to make the motion
previously, or when the evidence which he seeks to suppress is of a kind
specified in section 710.30 and he was not served by the people, as
provided in said section 710.30, with a pre-trial notice of intention to
offer such evidence at the trial.

3. When the motion is made before trial, the trial may not be
commenced until determination of the motion.

4. If after a pre-trial determination and denial of the motion the
court is satisfied, upon a showing by the defendant, that additional
pertinent facts have been discovered by the defendant which he could not
have discovered with reasonable diligence before the determination of
the motion, it may permit him to renew the motion before trial or, if
such was not possible owing to the time of the discovery of the alleged
new facts, during trial.