2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4506 - Eavesdropping Evidence; Admissibility; Motion to Suppress in Certain Cases.

§  4506.  Eavesdropping evidence; admissibility; motion to suppress in
certain  cases.  1.  The  contents  of   any   overheard   or   recorded
communication,   conversation   or   discussion,   or  evidence  derived
therefrom, which has been obtained by conduct constituting the crime  of
eavesdropping, as defined by section 250.05 of the penal law, may not be
received  in  evidence  in  any  trial, hearing or proceeding before any
court or grand jury, or before any  legislative  committee,  department,
officer,  agency, regulatory body, or other authority of the state, or a
political   subdivision   thereof;   provided,   however,   that    such
communication, conversation, discussion or evidence, shall be admissible
in  any  civil or criminal trial, hearing or proceeding against a person
who has, or is alleged to have, committed such crime of eavesdropping.
2. As used in this section, the term "aggrieved person" means:
(a) A person  who  was  a  sender  or  receiver  of  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  party  to 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) A person against whom the overhearing or  recording  described  in
paragraphs (a) and (b) was directed.
3.  An  aggrieved person who is a party in any civil trial, hearing or
proceeding before any court, or before any department, officer,  agency,
regulatory  body,  or  other  authority  of  the  state,  or a political
subdivision thereof, may move to suppress the contents of any  overheard
or  recorded  communication,  conversation  or  discussion  or  evidence
derived therefrom, on the ground that:
(a) The  communication,  conversation  or  discussion  was  unlawfully
overheard or recorded; or
(b) The eavesdropping warrant under which it was overheard or recorded
is insufficient on its face; or
(c)   The   eavesdropping   was   not  done  in  conformity  with  the
eavesdropping warrant.
4. The motion prescribed in subdivision three of this section must  be
made  before  the judge or justice who issued the eavesdropping warrant.
If no eavesdropping warrant was issued, such motion must be made  before
a  justice  of  the  supreme court of the judicial district in which the
trial, hearing or proceeding  is  pending.  The  aggrieved  person  must
allege in his motion papers that an overheard or recorded communication,
conversation or discussion, or evidence derived therefrom, is subject to
suppression  under  subdivision  three  of  this  section, and that such
communication, conversation or discussion,  or  evidence,  may  be  used
against  him  in the civil trial, hearing or proceeding in which he is a
party. The motion must be made prior to the commencement of such  trial,
hearing  or  proceeding,  unless  there  was no opportunity to make such
motion or the aggrieved person was not  aware  of  the  grounds  of  the
motion.  If  the  motion  is  granted,  the contents of the overheard or
recorded communication, conversation or discussion or  evidence  derived
therefrom,  may  not  be  received  in evidence in any trial, hearing or
proceeding.