2021 New York Laws
CPL - Criminal Procedure
Part 3 - Special Proceedings and Miscellaneous Procedures
Title T - Procedures for Securing Evidence by Means of Court Order and for Suppressing Evidence Unlawfully or Improperly Obtained
Article 700 - Eavesdropping and Video Surveillance Warrants
700.05 - Eavesdropping and Video Surveillance Warrants; Definitions of Terms.
§ 700.05 Eavesdropping and video surveillance warrants; definitions of
terms.
As used in this article, the following terms have the following
meanings:
1. "Eavesdropping" means "wiretapping", "mechanical overhearing of
conversation," or the "intercepting or accessing of an electronic
communication", as those terms are defined in section 250.00 of the
penal law, but does not include the use of a pen register or trap and
trace device when authorized pursuant to article 705 of this chapter.
2. "Eavesdropping warrant" means an order of a justice authorizing or
approving eavesdropping.
3. "Intercepted communication" means (a) a telephonic or telegraphic
communication which was intentionally overheard or recorded by a person
other than the sender or receiver thereof, without the consent of the
sender or receiver, by means of any instrument, device or equipment, or
(b) a conversation or discussion which was intentionally overheard or
recorded, without the consent of at least one party thereto, by a person
not present thereat, by means of any instrument, device or equipment; or
(c) an electronic communication which was intentionally intercepted or
accessed, as that term is defined in section 250.00 of the penal law.
The term "contents," when used with respect to a communication, includes
any information concerning the identity of the parties to such
communications, and the existence, substance, purport, or meaning of
that communication. The term "communication" includes conversation and
discussion.
3-a. "Telephonic communication", "electronic communication", and
"intentionally intercepted or accessed" have the meanings given to those
terms by subdivisions three, five, and six respectively, of section
250.00 of the penal law.
4. "Justice," except as otherwise provided herein, means any justice
of an appellate division of the judicial department in which the
eavesdropping warrant is to be executed, or any justice of the supreme
court of the judicial district in which the eavesdropping warrant is to
be executed, or any county court judge of the county in which the
eavesdropping warrant is to be executed. When the eavesdropping warrant
is to authorize the interception of oral communications occurring in a
vehicle or wire communications occurring over a telephone located in a
vehicle, "justice" means any justice of the supreme court of the
judicial department or any county court judge of the county in which the
eavesdropping device is to be installed or connected or of any judicial
department or county in which communications are expected to be
intercepted. When such a justice issues such an eavesdropping warrant,
such warrant may be executed and such oral or wire communications may be
intercepted anywhere in the state.
5. "Applicant" means a district attorney or the attorney general or if
authorized by the attorney general, the deputy attorney general in
charge of the organized crime task force. If a district attorney or the
attorney general is actually absent or disabled, the term "applicant"
includes that person designated to act for him and perform his official
function in and during his actual absence or disability.
6. "Law enforcement officer" means any public servant who is empowered
by law to conduct an investigation of or to make an arrest for a
designated offense, and any attorney authorized by law to prosecute or
participate in the prosecution of a designated offense.
7. "Exigent circumstances" means conditions requiring the preservation
of secrecy, and whereby there is a reasonable likelihood that a
continuing investigation would be thwarted by alerting any of the
persons subject to surveillance to the fact that such surveillance had
occurred.
8. "Designated offense" means any one or more of the following crimes: (a) A conspiracy to commit any offense enumerated in the following
paragraphs of this subdivision, or an attempt to commit any felony
enumerated in the following paragraphs of this subdivision which attempt
would itself constitute a felony;
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,
promoting a suicide attempt as defined in section 120.30 of the penal
law, strangulation in the second degree as defined in section 121.12 of
the penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, rape in
the third degree as defined in section 130.25 of the penal law, rape in
the second degree as defined in section 130.30 of the penal law, rape in
the first degree as defined in section 130.35 of the penal law, criminal
sexual act in the third degree as defined in section 130.40 of the penal
law, criminal sexual act in the second degree as defined in section
130.45 of the penal law, criminal sexual act in the first degree as
defined in section 130.50 of the penal law, sexual abuse in the first
degree as defined in section 130.65 of the penal law, unlawful
imprisonment in the first degree as defined in section 135.10 of the
penal law, kidnapping in the second degree as defined in section 135.20
of the penal law, kidnapping in the first degree as defined in section
135.25 of the penal law, labor trafficking as defined in section 135.35
of the penal law, aggravated labor trafficking as defined in section
135.37 of the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law,
residential mortgage fraud in the second degree as defined in section
187.20 of the penal law, residential mortgage fraud in the first degree
as defined in section 187.25 of the penal law, escape in the second
degree as defined in section 205.10 of the penal law, escape in the
first degree as defined in section 205.15 of the penal law, absconding
from temporary release in the first degree as defined in section 205.17
of the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, sex trafficking of a child as defined in section 230.34-a of the
penal law, criminal possession of a weapon in the third degree as
defined in subdivisions two, three and five of section 265.02 of the
penal law, criminal possession of a weapon in the second degree as
defined in section 265.03 of the penal law, criminal possession of a
weapon in the first degree as defined in section 265.04 of the penal
law, manufacture, transport, disposition and defacement of weapons and
dangerous instruments and appliances defined as felonies in subdivisions
one, two, and three of section 265.10 of the penal law, sections 265.11,
265.12 and 265.13 of the penal law, or prohibited use of weapons as
defined in subdivision two of section 265.35 of the penal law, relating
to firearms and other dangerous weapons, criminal manufacture, sale or
transport of an undetectable firearm, rifle or shotgun as defined in
section 265.50 of the penal law, or failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the penal
law;
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law,
criminal possession of methamphetamine manufacturing material in the
first degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful
manufacture of methamphetamine in the second degree as defined in
section 220.74 of the penal law, unlawful manufacture of methamphetamine
in the first degree as defined in section 220.75 of the penal law,
unlawful disposal of methamphetamine laboratory material as defined in
section 220.76 of the penal law, operating as a major trafficker as
defined in section 220.77 of the penal law, promoting gambling in the
second degree as defined in section 225.05 of the penal law, promoting
gambling in the first degree as defined in section 225.10 of the penal
law, possession of gambling records in the second degree as defined in
section 225.15 of the penal law, possession of gambling records in the
first degree as defined in section 225.20 of the penal law, and
possession of a gambling device as defined in section 225.30 of the
penal law;
(d) Commercial bribing, commercial bribe receiving, bribing a labor
official, bribe receiving by a labor official, sports bribing and sports
bribe receiving, as defined in article one hundred eighty of the penal
law;
(e) Criminal usury, as defined in article one hundred ninety of the
penal law;
(f) Bribery in the third degree, bribery in the second degree, bribery
in the first degree, bribe receiving in the third degree, bribe
receiving in the second degree, bribe receiving in the first degree,
bribe giving for public office, bribe receiving for public office and
corrupt use of position or authority, as defined in article two hundred
of the penal law;
(g) Bribing a witness, bribe receiving by a witness, bribing a juror
and bribe receiving by a juror, as defined in article two hundred
fifteen of the penal law;
(h) Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, promoting
prostitution in the third degree, as defined in section 230.25 of the
penal law;
(i) Riot in the first degree and criminal anarchy, as defined in
article two hundred forty of the penal law;
(j) Eavesdropping, as defined in article two hundred fifty of the
penal law;
(k) Any of the acts designated as felonies in subdivisions two and
four of section four hundred eighty-one of the tax law, which section
relates to penalties under the tax on cigarettes imposed by article
twenty of such law, and any of the acts designated as felonies in
subdivision c of section 11-1317 of the administrative code of the city
of New York, which section relates to penalties under the cigarette tax
imposed by chapter thirteen of title eleven of such code.
(l) Scheme to defraud in the first degree as defined in article one
hundred ninety of the penal law.
(m) Any of the acts designated as felonies in section three hundred
fifty-two-c of the general business law.
(n) Any of the acts designated as felonies in title twenty-seven of
article seventy-one of the environmental conservation law.
(o) Money laundering in the first degree, as defined in section 470.20
of the penal law, money laundering in the second degree as defined in
section 470.15 of the penal law, money laundering in the third degree as
defined in section 470.10 of such law, and money laundering in the
fourth degree as defined in section 470.05 of such law, where the
property involved represents or is represented to be the proceeds of
specified criminal conduct which itself constitutes a designated offense
within the meaning of this subdivision.
(p) Stalking in the second degree as defined in section 120.55 of the
penal law, and stalking in the first degree as defined in section 120.60
of the penal law.
(q) Soliciting or providing support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law, soliciting
or providing support for an act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic threat
as defined in section 490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, domestic act of terrorism
motivated by hate in the second degree as defined in section 490.27 of
the penal law, domestic act of terrorism motivated by hate in the first
degree as defined in section 490.28 of the penal law, hindering
prosecution of terrorism in the second degree as defined in section
490.30 of the penal law, hindering prosecution of terrorism in the first
degree as defined in section 490.35 of the penal law, criminal
possession of a chemical weapon or biological weapon in the third degree
as defined in section 490.37 of the penal law, criminal possession of a
chemical weapon or biological weapon in the second degree as defined in
section 490.40 of the penal law, criminal possession of a chemical
weapon or biological weapon in the first degree as defined in section
490.45 of the penal law, criminal use of a chemical weapon or biological
weapon in the third degree as defined in section 490.47 of the penal
law, criminal use of a chemical weapon or biological weapon in the
second degree as defined in section 490.50 of the penal law, and
criminal use of a chemical weapon or biological weapon in the first
degree as defined in section 490.55 of the penal law.
(r) Falsely reporting an incident in the second degree as defined in
section 240.55 of the penal law, falsely reporting an incident in the
first degree as defined in section 240.60 of the penal law, placing a
false bomb in the second degree as defined in section 240.61 of the
penal law, placing a false bomb in the first degree as defined in
section 240.62 of the penal law, and placing a false bomb in a sports
stadium or arena, mass transportation facility or enclosed shopping mall
as defined in section 240.63 of the penal law.
(s) Identity theft in the second degree, as defined in section 190.79
of the penal law, identity theft in the first degree, as defined in
section 190.80 of the penal law, unlawful possession of personal
identification information in the second degree, as defined in section
190.82 of the penal law, and unlawful possession of personal
identification information in the first degree, as defined in section
190.83 of the penal law.
(t) Menacing a police officer or peace officer as defined in section
120.18 of the penal law; aggravated criminally negligent homicide as
defined in section 125.11 of the penal law; aggravated manslaughter in
the second degree as defined in section 125.21 of the penal law;
aggravated manslaughter in the first degree as defined in section 125.22
of the penal law; aggravated murder as defined in section 125.26 of the
penal law.
(u) Any felony defined in article four hundred ninety-six of the penal
law.
(v) Any of the acts designated as felonies in section three hundred
fifty-one of the agriculture and markets law.
9. "Video surveillance" means the intentional visual observation by
law enforcement of a person by means of a television camera or other
electronic device that is part of a television transmitting apparatus,
whether or not such observation is recorded on film or video tape,
without the consent of that person or another person thereat and under
circumstances in which such observation in the absence of a video
surveillance warrant infringes upon such person's reasonable expectation
of privacy under the constitution of this state or of the United States.
10. "Video surveillance warrant" means an order of a justice
authorizing or approving video surveillance.
