2023 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;
* NB Effective until September 1, 2024
* (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, a crime
formerly defined in section 130.40 of the penal law,  a  crime  formerly
defined  in section 130.45 of the penal law, a crime formerly 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;
* NB Effective September 1, 2024
(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.