NY Crim Pro L § 690.35 (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 690 - Search Warrants 690.35 - Search Warrants; the Application.

§ 690.35 Search warrants; the application.   1.  An  application for a search warrant may be in writing or oral. If in writing, it must be made, subscribed and sworn to by a public servant specified in subdivision one of section 690.05. If oral, it must be made by such a public servant  and  sworn  to  and  recorded  in  the  manner provided in section 690.36.   2. The application shall be made to:  (a)  A  local  criminal  court,  as  defined  in section 10.10 of this chapter, having preliminary jurisdiction over the underlying offense, or geographical jurisdiction over the location  to  be  searched  when  the search  is  to  be  made  for  personal  property of a kind or character described in section 690.10 of this article except that:  (i) if a town court has such jurisdiction  but  is  not  available  to issue  the  search  warrant,  the  warrant  may  be  issued by the local criminal court of any village within such town or, any  adjoining  town, village  embraced in whole or in part by such adjoining town, or city of the same county;  (ii) if a village court has such jurisdiction but is not available  to issue the search warrant, the warrant may be issued by the town court of the  town  embracing such village or any other village court within such town, or, if such town or village court is not available either,  before the  local  criminal  court  of  any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; and  (iii) if a city court has such jurisdiction  but is not  available  to issue  the  search  warrant,  the  warrant  may  be  issued by the local criminal court of any  adjoining  town  or  village,  or  village  court embraced by an adjoining town, within the same county as such city.  (b)  A  local  criminal  court,  as  defined  in section 10.10 of this chapter, with geographical jurisdiction  over  the  location  where  the premises  to  be  searched  is  located,  or which issued the underlying arrest warrant, when the search warrant is sought pursuant to  paragraph (b)  of  subdivision  two  of  section  690.05  of this article, for the purpose of arresting a wanted person.   Any search warrant issued pursuant to this section shall be subject to the territorial limitations provided by section 690.20 of this article.   3. The application must contain:  (a) The name of the court and the name and title of the applicant; and  (b) A statement  that  there  is  reasonable  cause  to  believe  that property of a kind or character described in section 690.10 may be found in  or  upon  a designated or described place, vehicle or person, or, in the case of an application for a search warrant as defined in  paragraph (b)  of  subdivision  two  of  section 690.05, a statement that there is reasonable cause to believe that the person who is the  subject  of  the warrant of arrest may be found in the designated premises; and  (c) Allegations of fact supporting such statement. Such allegations of fact  may  be  based  upon  personal  knowledge of the applicant or upon information and belief, provided that in the latter event the sources of such information  and  the  grounds  of  such  belief  are  stated.  The applicant  may  also  submit  depositions  of  other  persons containing allegations of fact supporting or tending to support those contained  in the application; and  (d) A request that the court issue a search warrant directing a search for and seizure of the property or person in question; and  (e)  In  the case of an application for a search warrant as defined in paragraph (b) of subdivision two  of  section  690.05,  a  copy  of  the warrant of arrest and the underlying accusatory instrument.   4. The application may also contain:  (a)  A  request that the search warrant be made executable at any time of the day or night, upon the ground that there is reasonable  cause  to believe  that  (i)  it cannot be executed between the hours of 6:00 A.M. and 9:00 P.M., or (ii) the property sought will be removed or  destroyed if  not  seized  forthwith, or (iii) in the case of an application for a search warrant as defined in paragraph (b) of subdivision two of section 690.05, the person sought is likely to flee or commit another crime,  or may  endanger  the  safety  of  the executing police officers or another person if not seized forthwith or between the hours  of  9:00  P.M.  and 6:00 A.M.; and  (b)  A  request that the search warrant authorize the executing police officer to enter premises to be searched without giving  notice  of  his authority and purpose, upon the ground that there is reasonable cause to believe that (i) the property sought may be easily and quickly destroyed or  disposed of, or (ii) the giving of such notice may endanger the life or safety of the executing officer or another person, or  (iii)  in  the case  of an application for a search warrant as defined in paragraph (b) of subdivision two of section 690.05 for the purpose  of  searching  for and arresting a person who is the subject of a warrant for a felony, the person  sought  is  likely to commit another felony, or may endanger the life or safety of the executing officer or another person.   Any request made pursuant to this subdivision must be accompanied  and supported  by  allegations of fact of a kind prescribed in paragraph (c) of subdivision two.