710.30 - Motion to suppress evidence; notice to defendant of intention to offer evidence.

§  710.30  Motion to suppress evidence; notice to defendant of intention               to offer evidence.    1.  Whenever the people intend to offer at a trial (a) evidence  of  a  statement  made  by  a defendant to a public servant, which statement if  involuntarily made would render the evidence thereof  suppressible  upon  motion pursuant to subdivision three of section 710.20, or (b) 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, to be given by a witness who has previously identified him  as  such,  they  must  serve  upon the defendant a notice of such intention,  specifying the evidence intended to be offered.    2.  Such notice must be served within fifteen days  after  arraignment  and  before  trial, and upon such service the defendant must be accorded  reasonable opportunity to move before trial, pursuant to subdivision one  of section 710.40, to suppress the specified evidence.   For good  cause  shown,  however,  the  court may permit the people to serve such notice,  thereafter and in such case it  must  accord  the  defendant  reasonable  opportunity thereafter to make a suppression motion.    3.  In the absence of service of notice upon a defendant as prescribed  in  this section, no evidence of a kind specified in subdivision one may  be received against him upon trial unless he has, despite  the  lack  of  such  notice,  moved  to suppress such evidence and such motion has been  denied and the evidence thereby rendered  admissible  as  prescribed  in  subdivision two of section 710.70.