8.24 - 6. Determination Of The Court

• Jurisdiction: New York

6. Determination of the Court

As with other suppression motions, after the hearing the court must make findings of fact and conclusions of law¹⁶¹⁵ and set forth its findings and reasoning on the record.¹⁶¹⁶ If the motion to suppress is denied, the prosecutor will be permitted to introduce the property sought to be suppressed as evidence in chief on the People’s direct case. If the motion is granted, the court must order that the evidence be excluded for all purposes at trial.¹⁶¹⁷

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