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This entry was published on 2014-09-22
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SECTION 710.50
Motion to suppress evidence; in what courts made
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 710
§ 710.50 Motion to suppress evidence; in what courts made.

1. The particular courts in which motions to suppress evidence must
be made are as follows:

(a) If an indictment is pending in a superior court, or if the
defendant has been held by a local criminal court for the action of a
grand jury, the motion must be made in the superior court in which such
indictment is pending or which impaneled or will impanel such grand
jury. If the superior court which will impanel such grand jury is the
supreme court, the motion may, in the alternative, be made in the county
court of the county in which the action is pending;

(b) If a currently undetermined felony complaint is pending in a
local criminal court, the motion must be made in the superior court
which would have trial jurisdiction of the offense or offenses charged
were an indictment therefor to result;

(c) If an information, a simplified information, a prosecutor's
information or a misdemeanor complaint is pending in a local criminal
court, the motion must be made in such court.

2. If after a motion has been made in and determined by a superior
court a local criminal court acquires trial jurisdiction of the action
by reason of an information, a prosecutor's information or a misdemeanor
complaint filed therewith, such superior court's determination is
binding upon such local criminal court. If, however, the motion has
been made in but not yet determined by the superior court at the time of
the filing of such information, prosecutor's information or misdemeanor
complaint, the superior court may not determine the motion but must
refer it to the local criminal court of trial jurisdiction.