8.17 - B. Where Suppression Motion Is Granted

• Jurisdiction: New York

b. Where Suppression Motion Is Granted

If the hearing court rules that the defendant’s statement was involuntarily made, the prosecutor will not be allowed to introduce the statement into evidence as part of the People’s direct case. However, the statement can be used to impeach the defendant’s direct trial testimony, unless the hearing court ruled that the statement was a product of coercion.¹⁵⁶¹ A statement taken in violation of the defendant’s right to counsel (but otherwise voluntarily made) can be...