N.Y. CPL Law § 715.20

§ 715.20 Proceedings on motion upon notice.\n 1. When such motion is on notice, a hearing thereon shall be held by\nthe court before which it is returnable not later than thirty days after\nthe return date and the defendant shall be present at such hearing.\n 2. A hearing held pursuant to this section shall be conducted and\nrecorded in the same manner as would be required were the witnesses\ntestifying at trial. The district attorney shall establish by competent\nevidence the nature and quantity of the dangerous drugs which are the\nsubject of the motion. Each party shall have the right to call and\ncross examine witnesses and to register objections and to receive\nrulings of the court thereon.\n 3. If the court finds upon the conclusion of the hearing that neither\nthe prosecution nor the defendant will be prejudiced thereby it may\ngrant the motion and may make such order as it may deem appropriate for\nthe destruction of part or all of such drugs.\n 4. A defendant may waive such hearing and consent to the granting of\nthe motion and entry of an order of destruction either by sworn\naffidavit or by personal appearance in court and declaration on the\nrecord of such waiver and consent.\n