NY Crim Pro L § 700.05 (2021)
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.