{"jurisdiction": "us-ny", "code": "cpl", "section": "710.50", "citation": "CPL § 710.50", "heading": "Motion to suppress evidence; in what courts made", "text": ["§ 710.50  Motion to suppress evidence; in what courts made.", "1.  The particular courts in which motions to suppress evidence must be made are as follows:", "(a)  If an indictment is pending in a superior court, or if the defendant has been held by a local criminal court for the action of a grand jury, the motion must be made in the superior court in which such indictment is pending or which impaneled or will impanel such grand jury.  If the superior court which will impanel such grand jury is the supreme court, the motion may, in the alternative, be made in the county court of the county in which the action is pending;", "(b)  If a currently undetermined felony complaint is pending in a local criminal court, the motion must be made in the superior court which would have trial jurisdiction of the offense or offenses charged were an indictment therefor to result;", "(c)  If an information, a simplified information, a prosecutor's information or a misdemeanor complaint is pending in a local criminal court, the motion must be made in such court.", "2.  If after a motion has been made in and determined by a superior court a local criminal court acquires trial jurisdiction of the action by reason of an information, a prosecutor's information or a misdemeanor complaint filed therewith, such superior court's determination is binding upon such local criminal court.  If, however, the motion has been made in but not yet determined by the superior court at the time of the filing of such information, prosecutor's information or misdemeanor complaint, the superior court may not determine the motion but must refer it to the local criminal court of trial jurisdiction."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/710.50", "from_official_api": true, "plain_english": "A suppression motion must be filed in the court selected by the case's current accusatory instrument and posture.\n- **(1)(a)** With a pending superior-court indictment, or after a local court holds the defendant for grand-jury action, move in the superior court handling the indictment or grand jury; if the Supreme Court will impanel the grand jury, the motion may instead go to that county's County Court.\n- **(1)(b)** With an unresolved felony complaint in local criminal court, move in the superior court that would try the offense after indictment.\n- **(1)(c)** With an information, simplified information, prosecutor's information, or misdemeanor complaint in local criminal court, **move in that local court**. ★\n- **(2)** A superior court's completed ruling binds a local court that later gains trial jurisdiction; if the superior court has not yet ruled, it **must refer the motion to the local trial court**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/710.50", "publisher": "Elyphived LLC"}