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710 50 — New York Law | CourtGPT
  1. Home/
  2. Laws/
  3. New York/
  4. Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail/
  5. Part 3 - Special Proceedings and Miscellaneous Procedures/
  6. Title T - Procedures for Securing Evidence by Means of Court Order and for Suppressing Evidence Unlawfully or Improperly Obtained/
  7. Article 710 - Motion to Suppress Evidence710.10 - Motion to Suppress Evidence; Definitions of Terms/
  8. 710 50
New York Legal Code
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

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.

710 50

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