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New York Family Court - Part 3 - § 330.2 Suppression of Evidence

Legal Research Home > New York Laws > New York Family Court (FCT) > New York Family Court - Part 3 - § 330.2 Suppression of Evidence

Family Court 
 
    §  330.2.  Suppression  of  evidence.  1.  A  respondent in a juvenile
  delinquency proceeding  may  make  a  motion  to  suppress  evidence  in
  accordance  with  sections  710.20  and 710.60 of the criminal procedure
  law.
    2. Whenever the presentment agency intends to offer at a  fact-finding
  hearing  evidence  described  in  section  710.20  or subdivision one of
  section 710.30 of the criminal procedure law,  such  agency  must  serve
  upon  respondent  notice  of  such intention. Such notice must be served
  within fifteen days after the conclusion of the  initial  appearance  or
  before  the  fact-finding  hearing,  whichever  occurs first, unless the
  court, for good cause shown,  permits  later  service  and  accords  the
  respondent  a  reasonable  opportunity  to  make  a  suppression  motion
  thereafter. If the respondent is detained, the court shall  direct  that
  such notice be served on an expedited basis.
    3.  When a motion to suppress evidence is made before the commencement
  of the fact-finding hearing, the fact-finding hearing shall not be  held
  until the determination of the motion.
    4.  After the pre-trial determination and denial of the motion, if the
  court is satisfied, upon a showing by the  respondent,  that  additional
  pertinent  facts  have been discovered by the respondent which could not
  have been discovered by the respondent with reasonable diligence  before
  determination  of the motion, it may permit him to renew. Such motion to
  renew shall be made  prior  to  the  commencement  of  the  fact-finding
  hearing,  unless  the  additional pertinent facts were discovered during
  the fact-finding hearing.
    5. Upon granting a motion to suppress evidence, the court  must  order
  that  the  evidence  in  question  be  excluded. When the order excludes
  tangible property unlawfully taken from the respondent's possession, and
  when such property is not otherwise subject  to  lawful  retention,  the
  court  may,  upon  request  of  the  respondent, further order that such
  property be restored to him.
    6. An order finally denying a  motion  to  suppress  evidence  may  be
  reviewed  upon  an  appeal  from  an  ensuing  finding  of  delinquency,
  notwithstanding the fact that such finding is entered upon an  admission
  made  by  the  respondent,  unless  the  respondent,  upon an admission,
  expressly waives his right to appeal.
    7.  A  motion  to  suppress  evidence  is  the  exclusive  method   of
  challenging  the admissibility of evidence upon the grounds specified in
  this section, and a respondent who does not make such  a  motion  waives
  his right to judicial determination of any such contention.
    8. In the absence of service of notice upon a respondent as prescribed
  in  this section, no evidence of a kind specified in subdivision two may
  be received against him at  the  fact-finding  hearing  unless  he  has,
  despite  the  lack  of  such notice, moved to suppress such evidence and
  such motion has been denied.
    9. An order granting a motion to suppress evidence shall be deemed  an
  order  of disposition appealable under section eleven hundred twelve. In
  taking such an appeal the presentment agency must file, in addition to a
  notice of appeal, a statement alleging that the deprivation of  the  use
  of  the  evidence  ordered  suppressed has rendered the sum of the proof
  available to the presentment agency either: (a) insufficient as a matter
  of law, or (b) so weak in its entirety that any  reasonable  possibility
  of   proving   the  allegations  contained  in  the  petition  has  been
  effectively destroyed.  If the respondent is in detention  he  shall  be
  released  pending  such  appeal  unless  the  court,  upon  conducting a
  hearing, enters an  order  continuing  detention.  An  order  continuing
  detention  under  this  subdivision  may  be  stayed  by the appropriate
  appellate division.

    10. The taking of an appeal by  the  presentment  agency  pursuant  to
  subdivision  nine  constitutes  a bar to the presentment of the petition
  involving  the  evidence  ordered  suppressed,  unless  and  until  such
  suppression is reversed upon appeal and vacated.

Last modified: March 9, 2013