710.70 – Motion to Suppress Evidence; Orders of Suppression; Effects of Orders and of Failure to Make Motion.
§ 710.70 Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion. 1. Upon granting a motion to suppress evidence, the court must order that the evidence in question be excluded in the criminal action pending against the defendant. When the order is based upon the ground specified in […]
715.05 – Dangerous Drugs; Definition.
§ 715.05 Dangerous drugs; definition. “Dangerous drugs” means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law.
715.10 – Pretrial Motion to Destroy Dangerous Drugs.
§ 715.10 Pretrial motion to destroy dangerous drugs. 1. Subject to the limitations in paragraph (b) of subdivision two hereof a district attorney may move in a superior court for an order of destruction of the dangerous drugs in felony cases involving the possession or sale of such drugs. 2. A motion for an order […]
715.20 – Proceedings on Motion Upon Notice.
§ 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 […]
705.10 – Orders Authorizing the Use of a Pen Register or a Trap and Trace Device; When Issuable.
§ 705.10 Orders authorizing the use of a pen register or a trap and trace device; when issuable. An order authorizing the use of a pen register or a trap and trace device may issue only: 1. Upon an appropriate application made in conformity with this article; and 2. Upon a determination that an application […]
705.15 – Application for an Order Authorizing the Use of a Pen Register or a Trap and Trace Device.
§ 705.15 Application for an order authorizing the use of a pen register or a trap and trace device. 1. An ex parte application for an order or an extension of an order authorizing the use of a pen register or a trap and trace device must be made to a justice in writing, and […]
705.20 – Orders Authorizing the Use of a Pen Register or a Trap and Trace Device; Determination of Application.
§ 705.20 Orders authorizing the use of a pen register or a trap and trace device; determination of application. 1. If the justice determines on the basis of the facts submitted by the applicant that grounds exist for the issue of an order authorizing the use of a pen register or a trap and trace […]
705.25 – Pen Register or Trap and Trace Device Orders; Time Period and Extensions.
§ 705.25 Pen register or trap and trace device orders; time period and extensions. 1. An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. 2. Extensions of such an order may be granted, but […]
705.30 – Nondisclosure of Existence of Pen Register or a Trap and Trace Device.
§ 705.30 Nondisclosure of existence of pen register or a trap and trace device. An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that: 1. the order be sealed until otherwise ordered by the court; and 2. the person owning or leasing the […]
705.35 – Assistance in Installation and Use of a Pen Register or a Trap and Trace Device.
§ 705.35 Assistance in installation and use of a pen register or a trap and trace device. 1. Upon the request of an applicant authorized to use a pen register under this article, a provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish such applicant, or his agent, forthwith […]