SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [__]
THE PEOPLE OF THE STATE OF NEW YORK,
- against -
[DEFENDANT FULL NAME],
Defendant.
Docket/Indictment No.: [__]
NOTICE OF MOTION TO SUPPRESS EVIDENCE
(Physical Evidence, Statements & Identification Testimony)
[DATE]
To: The Honorable [JUDGE’S FULL NAME]
[COURT NAME]
PLEASE TAKE NOTICE that upon the accompanying Affirmation of Counsel, the Memorandum of Law, and all prior proceedings and pleadings herein, the undersigned will move this Court at the courthouse located at [COURTHOUSE ADDRESS], on [RETURN DATE] or as soon thereafter as counsel may be heard, for an Order pursuant to:
• N.Y. Crim. Proc. Law §§ 710.20, 710.60;
• U.S. Const. amend. IV and amend. XIV; and
• N.Y. Const. art. I, § 12,
suppressing (1) all physical evidence seized from the person, premises, and/or vehicle of the Defendant on [SEARCH/ARREST DATE]; (2) all statements allegedly made by the Defendant to law-enforcement officers; and (3) any identification testimony derived therefrom; or, in the alternative, scheduling an evidentiary hearing on the issues of probable cause, voluntariness, and suggestiveness, together with such other and further relief as this Court deems just and proper.
[// GUIDANCE: Insert the specific portions of evidence sought to be suppressed, e.g., “a 9-millimeter handgun,” “controlled substances,” “two cellular telephones,” etc.]
TABLE OF CONTENTS
- Definitions
- Affirmation of Counsel
- Statement of Facts
- Legal Argument
4.1 Unlawful Search & Seizure (CPL § 710.20(1))
4.2 Unlawful Arrest (CPL § 710.20(2))
4.3 Involuntary Statements (CPL § 710.20(3))
4.4 Unduly Suggestive Identification (CPL § 710.20(5))
4.5 Good-Faith Exception Inapplicable - Request for Evidentiary Hearing
- Reservation of Rights
- Conclusion & Prayer for Relief
- Verification / Affirmation Pursuant to CPLR 2106
- Certificate of Service
- [Proposed] Order
1. DEFINITIONS
For ease of reference, the following capitalized terms shall have the meanings set forth below.
1.1 “Subject Evidence” means all tangible items seized from the Defendant, any vehicle, or any premises on [SEARCH/ARREST DATE].
1.2 “Subject Statements” means any oral, written, or recorded statements allegedly made by the Defendant to law-enforcement officers on or after [ARREST DATE].
1.3 “Subject Identification” means any out-of-court or in-court identification, lineup, show-up, or photo-array procedure involving the Defendant.
1.4 “Subject Search” means the search and/or seizure conducted by law-enforcement personnel on [SEARCH/ARREST DATE].
1.5 “Good-Faith Exception” means the federal judicial doctrine permitting admission of evidence obtained in reasonable, good-faith reliance on a warrant later found invalid or on erroneous police records.
2. AFFIRMATION OF COUNSEL
I, [ATTORNEY FULL NAME], an attorney admitted to practice before the Courts of the State of New York, hereby affirm under penalty of perjury pursuant to CPLR § 2106 that:
- I am the attorney of record for the Defendant in the above-captioned matter.
- I make this motion upon personal knowledge and upon information and belief based on review of discovery, police paperwork, and communications with the Defendant.
- Unless otherwise indicated, the facts set forth herein are true to my knowledge; for those stated upon information and belief, I believe them to be true.
[// GUIDANCE: A separate sworn affidavit by the Defendant may be attached if factually advantageous.]
3. STATEMENT OF FACTS
3.1 On [SEARCH/ARREST DATE] at approximately [TIME], officers of the [LAW-ENFORCEMENT AGENCY] approached the Defendant at/inside [LOCATION].
3.2 [Describe interaction: stop, frisk, interrogation, search of vehicle/home, seizure of items.]
3.3 [Describe basis claimed by officers (e.g., anonymous tip, warrant, odor of marijuana, traffic infraction).]
3.4 As a result of the Subject Search, officers seized the Subject Evidence and placed the Defendant under arrest.
3.5 While in custody, the Defendant allegedly made the Subject Statements after [time elapsed], without benefit of Miranda warnings, counsel, or voluntary waiver.
3.6 [If applicable] The Defendant was subsequently placed in a lineup/photo-array during which the complainant identified the Defendant under suggestive conditions.
[// GUIDANCE: Provide a clear, chronological timeline. Attach exhibits (police reports, body-camera stills) as needed.]
4. LEGAL ARGUMENT
4.1 Suppression of Physical Evidence – CPL § 710.20(1)
The Subject Evidence must be suppressed because it was obtained in violation of the Fourth Amendment and Article I, § 12 of the New York Constitution. Law-enforcement lacked (a) a valid warrant, (b) probable cause, and (c) any recognized exception to the warrant requirement. The intrusion exceeded the permissible scope of a brief investigatory encounter and therefore constitutes an unreasonable search and seizure.
4.2 Suppression of Evidence Deriving from an Unlawful Arrest – CPL § 710.20(2)
Because the arrest was effected without probable cause, all evidence obtained incident to that arrest—including the Subject Evidence and Subject Statements—must be excluded as the poisonous fruit of the unlawful seizure.
4.3 Suppression of Statements – CPL § 710.20(3)
The Subject Statements were elicited without the Defendant’s knowing, intelligent, and voluntary waiver of the right to counsel and the privilege against self-incrimination. They are therefore inadmissible under both federal and state constitutional standards.
4.4 Suppression of Identification Testimony – CPL § 710.20(5)
The identification procedures employed were impermissibly suggestive. Any subsequent in-court identifications are tainted and must be precluded unless the People establish an independent source wholly free of the taint.
4.5 Good-Faith Exception Is Inapplicable
The prosecution bears the burden of establishing that the seizure of the Subject Evidence falls within a firmly rooted exception to the exclusionary rule. Because no objectively reasonable law-enforcement officer could have relied in good faith on the circumstances presented here, the exception does not apply.
[// GUIDANCE: Add factual tie-ins to each legal point. Practitioners should insert supporting case law citations consistent with local precedent.]
5. REQUEST FOR EVIDENTIARY HEARING
Pursuant to CPL § 710.60(4), Defendant respectfully requests that the Court conduct an evidentiary hearing to resolve all questions of fact necessary to a determination of this motion, specifically addressing the legality of the Subject Search, voluntariness of the Subject Statements, and suggestiveness of the Subject Identification.
6. RESERVATION OF RIGHTS
Defendant expressly reserves the right to (a) raise additional grounds for suppression as further discovery is provided, and (b) seek any other appropriate relief that becomes warranted.
7. CONCLUSION & PRAYER FOR RELIEF
WHEREFORE, Defendant prays that this Court enter an Order:
1. Suppressing the Subject Evidence, Subject Statements, and Subject Identification; or, in the alternative,
2. Directing that a full evidentiary hearing be held; and
3. Granting such other and further relief as this Court deems just and proper.
Dated: [DATE]
New York, New York
Respectfully submitted,
[ATTORNEY NAME], Esq.
Attorney for Defendant
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
8. VERIFICATION / AFFIRMATION PURSUANT TO CPLR § 2106
I, [ATTORNEY NAME], affirm under penalty of perjury that the foregoing statements are true to the best of my knowledge, information, and belief.
[ATTORNEY NAME], Esq.
Dated: [DATE]
9. CERTIFICATE OF SERVICE
I hereby certify that on [DATE], a true and correct copy of the foregoing Motion to Suppress Evidence was served upon the Office of the District Attorney, [COUNTY], by [PERSONAL DELIVERY / E-FILE / MAIL] to [DA ADDRESS].
[NAME], [Title]
Dated: [DATE]
10. [PROPOSED] ORDER
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF [__]
People v. [DEFENDANT NAME] – Docket/Indictment No. [__]
Upon the Notice of Motion of the Defendant, the Affirmation of Counsel, the Memorandum of Law, and due deliberation having been had thereon, it is hereby
ORDERED that the Defendant’s Motion is [GRANTED / GRANTED TO THE EXTENT OF ORDERING A HEARING / DENIED] as follows:
1. [Suppression directives or scheduling of hearing with date/time]; and
2. [Further relief].
SO ORDERED.
Dated: [__]
HON. [JUDGE NAME]
Justice of the Supreme Court
[// GUIDANCE:
1. Update all placeholders (e.g., dates, court name, factual details) before filing.
2. Confirm motion-filing deadline under CPL § 255.20 and any local rules.
3. Attach relevant discovery (incident reports, body-camera footage logs, warrants) as exhibits, properly labeled.
4. Consider adding a separate memorandum of law if extensive briefing is required.
5. If Defendant will personally verify facts, add a notarized affidavit in accordance with CPL § 710.60 and CPLR § 3020.
6. Be prepared to articulate specific factual disputes at the calendar call to secure an evidentiary hearing.]