New York Family Court - Part 3 - § 330.2 Suppression of Evidence
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New York Laws > New York Family Court (FCT) > New York Family Court - Part 3 - § 330.2 Suppression of Evidence
§ 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
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
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.
Section: Part 3 330.1 330.2 331.1 331.2 331.3 331.4 331.5 331.6 331.7 332.1 332.2 335.1 335.2
Last modified: March 9, 2013