N.Y. Laws » CHAPTER Criminal Procedure / PART Special Proceedings and Miscellaneous Procedures / TITLE Procedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained / ARTICLE Motion to Suppress Evidence
New York Consolidated Laws

N.Y. Criminal Procedure Law § 710.20 (2026)

Motion to suppress evidence; in general; grounds for

✓ current as of May 2026
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§ 710.20 Motion to suppress evidence; in general; grounds for.
  Upon motion of a defendant who (a) is aggrieved by unlawful or
improper acquisition of evidence and has reasonable cause to believe
that such may be offered against him in a criminal action, or (b) claims
that improper identification testimony may be offered against him in a
criminal action, a court may, under circumstances prescribed in this
article, order that such evidence be suppressed or excluded upon the
ground that it:
  1. Consists of tangible property obtained by means of an unlawful
search and seizure under circumstances precluding admissibility thereof
in a criminal action against such defendant; or
  2. Consists of a record or potential testimony reciting or describing
declarations, conversations, or other communications overheard,
intercepted, accessed, or recorded by means of eavesdropping, or
observations made by means of video surveillance, obtained under
circumstances precluding admissibility thereof in a criminal action
against such defendant; or
  3. Consists of a record or potential testimony reciting or describing
a statement of such defendant involuntarily made, within the meaning of
section 60.45; or
  4. Was obtained as a result of other evidence obtained in a manner
described in subdivisions one, two and three; or
  5. Consists of a chemical test of the defendant's blood administered
in violation of the provisions of subdivision three of section eleven
hundred ninety-four of the vehicle and traffic law, subdivision eight of
section forty-nine-a of the navigation law, subdivision seven of section
25.24 of the parks, recreation and historic preservation law, or any
other applicable law; or
  6. Consists of potential testimony regarding an observation of the
defendant either at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential
testimony would not be admissible upon the prospective trial of such
charge owing to an improperly made previous identification of the
defendant or of a pictorial, photographic, electronic, filmed or video
recorded reproduction of the defendant by the prospective witness. A
claim that the previous identification of the defendant or of a
pictorial, photographic, electronic, filmed or video recorded
reproduction of the defendant by a prospective witness did not comply
with paragraph (c) of subdivision one of section 60.25 of this chapter
or with the protocol promulgated in accordance with subdivision
twenty-one of section eight hundred thirty-seven of the executive law
shall not constitute a legal basis to suppress evidence pursuant to this
subdivision. A claim that a public servant failed to comply with
paragraph (c) of subdivision one of section 60.25 of this chapter or of
subdivision twenty-one of section eight hundred thirty-seven of the
executive law shall neither expand nor limit the rights an accused
person may derive under the constitution of this state or of the United
States.
  7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation of the provisions of
article seven hundred five of this chapter.
Notes of Decisions
Cited in 9 cases, 1976–2010 · leading case: Cunningham v. Conway, 717 F. Supp. 2d 339 (W.D.N.Y. 2010).
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Cunningham v. Conway, 717 F. Supp. 2d 339 (W.D.N.Y. 2010). “This focuses on the provisions of Criminal Procedure Law § 710.20. Cunningham sought leave to stay the petition here until he could exhaust that claim.”
In re M.A.R., 15 Misc. 3d 784 (N.Y.C. Fam. Ct. 2007). · cites it 2× “Respondent submits, in support, her attorney’s affirmation which alleges that the basis for this motion is set forth in Criminal Procedure Law § 710.20. The search at issue is one which occurred at the respondent’s school, and which was conducted by school personnel, upon…”
In re T.J.O., 13 Misc. 3d 401 (N.Y.C. Fam. Ct. 2006). “60 of the Criminal Procedure Law. Criminal Procedure Law § 710.”
Matter of J.A., 2007 NY Slip Op 52371(U) (N.Y. Fam. Ct., Nassau Cty. 2007). · cites it 2× “2(2) provides that whenever the Presentment Agency intends to offer at a fact-finding hearing evidence described in Criminal Procedure Law §710.20, it must serve upon the Respondent notice of such intention within fifteen days after the conclusion of the initial appearance, or…”
Matter of M.A.R., 2007 NY Slip Op 27108 (N.Y. Fam. Ct., Nassau Cty. 2007). · cites it 2× “Respondent submits, in support, her attorney's affirmation which alleges that the basis for this motion is set forth in Criminal Procedure Law § 710.20. The search at issue is one which occurred at the respondent's school, and which was conducted by school personnel, upon…”
People v. Sash, 194 Misc. 2d 195 (N.Y. City Crim. Ct. 2002). “Release Pursuant to the Criminal Procedure Law The Criminal Procedure Law authorizes this court to order the return to a defendant of property seized pursuant to a search warrant upon the defendant’s request where the court has granted a motion to suppress evidence pursuant to…”
Matter of Adam I., 2007 NY Slip Op 50460(U) (N.Y. Fam. Ct., Queens Cty. 2007). “" Footnote 2: Criminal Procedure Law §710.20 provides that a criminal defendant may seek suppression of various items of potential evidence including tangible property obtained by means of an illegal search and seizure, a statement of the defendant which was involuntarily made,…”
Matter of T.J.O., 2006 NY Slip Op 26303 (N.Y. Fam. Ct., Rockland Cty. 2006). “60 of the Criminal Procedure Law. Criminal Procedure Law § 710.”
Santiago v. Supreme Court, 411 F. Supp. 73 (E.D.N.Y 1976). “In the State Courts petitioner unsuccessfully sought to controvert a search warrant and suppress evidence (Criminal Procedure Law § 710.20(1)) and thereafter pleaded guilty to the crime of possession of a weapon as a felony, but at the same time preserved his right to appeal…”
— N.Y. Criminal Procedure Law § 710.20(1) — 1 case
Santiago v. Supreme Court, 411 F. Supp. 73 (E.D.N.Y 1976). “In the State Courts petitioner unsuccessfully sought to controvert a search warrant and suppress evidence (Criminal Procedure Law § 710.20(1)) and thereafter pleaded guilty to the crime of possession of a weapon as a felony, but at the same time preserved his right to appeal…”
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