NY Crim Pro L § 700.20 (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 700.20 - Eavesdropping and Video Surveillance Warrants; Application.

§ 700.20  Eavesdropping and video surveillance warrants; application.   1.  An ex parte application for an eavesdropping or video surveillance warrant  must  be  made  to  a justice in writing, except as provided in section 700.21 of this article, and must be subscribed and sworn  to  by an applicant.   2.  The application must contain:  (a)   The identity of the applicant and a statement of the applicant's authority to make such application; and  (b)  A full and complete statement  of  the  facts  and  circumstances relied   upon   by   the  applicant,  to  justify  his  belief  that  an eavesdropping or video surveillance warrant should be issued,  including (i)  a  statement of facts establishing probable cause to believe that a particular designated offense has been, is being,  or  is  about  to  be committed,  (ii)  a particular description of the nature and location of the facilities from which or the place where the communication is to  be intercepted  or  the  video  surveillance  is  to  be conducted, (iii) a particular description of the type of the communications  sought  to  be intercepted  or  of  the  observations  sought  to be made, and (iv) the identity of the person, if known, committing such designated offense and whose communications are to be intercepted or who is to be  the  subject of the video surveillance; and  (c)    A  statement  that  such communications or observations are not otherwise legally privileged; and  (d)  A full and complete statement of facts establishing  that  normal investigative  procedures  have been tried and have failed or reasonably appear to be unlikely to succeed if tried or  to  be  too  dangerous  to employ, to obtain the evidence sought; and  (e)   A statement of the period of time for which the eavesdropping or video surveillance is required to be maintained.  If the nature  of  the investigation  is such that the authorization for eavesdropping or video surveillance should not automatically terminate when the described  type of  communication  has been first obtained or when the described type of observation has been first  made,  a  particular  description  of  facts establishing probable cause to believe that additional communications or observations of the same type will occur thereafter; and  (f)    A  full  and  complete  statement  of  the facts concerning all previous applications, known to the applicant, for an  eavesdropping  or video surveillance warrant involving any of the same persons, facilities or  places  specified  in  the  application, and the action taken by the justice on each such application.   3.  Allegations of fact in the application may be  based  either  upon the  personal knowledge of the applicant or upon information and belief. If the applicant personally knows the  facts  alleged,  it  must  be  so stated.   If the facts stated in the application are derived in whole or part from the statements  of  persons  other  than  the  applicant,  the sources  of  such  facts  must be either disclosed or described, and the application  must  contain  facts   establishing   the   existence   and reliability  of  the  informants  or  the reliability of the information supplied by them.  The application must also state, so far as  possible, the basis of the informant's knowledge or belief.  Affidavits of persons other  than  the  applicant  may  be  submitted  in conjunction with the application if they tend to  support  any  fact  or  conclusion  alleged therein.    Such accompanying affidavits may be based either on personal knowledge of the affiant, or information  and  belief  with  the  source thereof and the reason therefor specified.