{"jurisdiction": "us-ny", "code": "cpl", "section": "715.20", "citation": "CPL § 715.20", "heading": "Proceedings on motion upon notice", "text": ["§ 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 be conducted and recorded in the same manner as would be required were the witnesses testifying at trial.  The district attorney shall establish by competent evidence the nature and quantity of the dangerous drugs which are the subject of the motion.  Each party shall have the right to call and cross examine witnesses and to register objections and to receive rulings of the court thereon.", "3.  If the court finds upon the conclusion of the hearing that neither the prosecution nor the defendant will be prejudiced thereby it may grant the motion and may make such order as it may deem appropriate for the destruction of part or all of such drugs.", "4.  A defendant may waive such hearing and consent to the granting of the motion and entry of an order of destruction either by sworn affidavit or by personal appearance in court and declaration on the record of such waiver and consent."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/715.20", "from_official_api": true, "plain_english": "A noticed motion to destroy dangerous drugs requires a prompt, trial-like hearing unless the defendant waives it.\n- **(1)** The court must hold the hearing **no later than 30 days after the return date**, with the **defendant present**. ★\n- **(2)** Conduct and record it like trial testimony; the district attorney must prove the drugs' nature and quantity with competent evidence, and each side may call and cross-examine witnesses, object, and receive rulings.\n- **(3)** The court may order destruction of all or part only if **neither prosecution nor defendant will be prejudiced**.\n- **(4)** The defendant may waive the hearing and consent by **sworn affidavit** or by appearing and declaring waiver and consent on the record.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/715.20", "publisher": "Elyphived LLC"}