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This entry was published on 2014-09-22
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SECTION 710.70
Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 710
§ 710.70 Motion to suppress evidence; orders of suppression; effects of

orders and of failure to make motion.

1. Upon granting a motion to suppress evidence, the court must order
that the evidence in question be excluded in the criminal action pending
against the defendant. When the order is based upon the ground
specified in subdivision one of section 710.20 and excludes tangible
property unlawfully taken from the defendant's possession, and when such
property is not otherwise subject to lawful retention, the court may,
upon request of the defendant, further order that such property be
restored to him.

2. An order finally denying a motion to suppress evidence may be
reviewed upon an appeal from an ensuing judgment of conviction
notwithstanding the fact that such judgment is entered upon a plea of
guilty.

3. A motion to suppress evidence made pursuant to this article is the
exclusive method of challenging the admissibility of evidence upon the
grounds specified in section 710.20, and a defendant who does not make
such a motion before or in the course of a criminal action waives his
right to judicial determination of any such contention.

Nothing contained in this article, however, precludes a defendant from
attempting to establish at a trial that evidence introduced by the
people of a pre-trial statement made by him should be disregarded by the
jury or other trier of the facts on the ground that such statement was
involuntarily made within the meaning of section 60.45. Even though the
issue of the admissibility of such evidence was not submitted to the
court, or was determined adversely to the defendant upon motion, the
defendant may adduce trial evidence and otherwise contend that the
statement was involuntarily made. In the case of a jury trial, the
court must submit such issue to the jury under instructions to disregard
such evidence upon a finding that the statement was involuntarily made.