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This entry was published on 2014-09-22
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SECTION 715.20
Proceedings on motion upon notice
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 715
§ 715.20 Proceedings on motion upon notice.

1. When such motion is on notice, a hearing thereon shall be held by
the court before which it is returnable not later than thirty days after
the return date and the defendant shall be present at such hearing.

2. A hearing held pursuant to this section shall be conducted and
recorded in the same manner as would be required were the witnesses
testifying at trial. The district attorney shall establish by competent
evidence the nature and quantity of the dangerous drugs which are the
subject of the motion. Each party shall have the right to call and
cross examine witnesses and to register objections and to receive
rulings of the court thereon.

3. If the court finds upon the conclusion of the hearing that neither
the prosecution nor the defendant will be prejudiced thereby it may
grant the motion and may make such order as it may deem appropriate for
the destruction of part or all of such drugs.

4. A defendant may waive such hearing and consent to the granting of
the motion and entry of an order of destruction either by sworn
affidavit or by personal appearance in court and declaration on the
record of such waiver and consent.