What is a motion to quash in criminal defense law?

A motion to quash is a legal request presented to a court in criminal defense law in New York. It is usually presented as part of the discovery process in a criminal case. In essence, the motion requests the court to dismiss or throw out certain evidence or testimony that is not relevant to the case and could prejudice the accused. In criminal defense law in New York, a motion to quash can be used to challenge the admissibility of evidence, usually evidence that was obtained illegally or that was not obtained by the prosecution in a way that matches the procedural laws of the state. The motion must identify the specific evidence that must be quashed and explain the legal reason why it should be dismissed from consideration. A motion can also be used to challenge the credibility of a witness, such as if the witness has committed perjury or if the witness is not qualified to testify. This type of motion is usually used when the witness does not have a sufficient foundation or when the witness has a bias that may affect their testimony. In criminal defense law in New York, a motion to quash can also be used to challenge the venue of the trial, meaning that the trial is taking place in the wrong court. The motion must explain to the court why it is not the proper court to hear the case and request that the case be heard in the proper court. The motion must also be accompanied by an affidavit that is sworn to by the accused that states they expect to be prejudiced in some way if the case is held in the wrong court.

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What is a motion to quash in criminal defense law?

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