N.Y. Criminal Procedure Law 710.10 – Motion to suppress evidence; definitions of terms
§ 710.10 Motion to suppress evidence; definitions of terms.
Terms Used In N.Y. Criminal Procedure Law 710.10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
As used in this article, the following terms have the following meanings:
1. "Defendant" means a person who has been charged by an accusatory instrument with the commission of an offense.
2. "Evidence," when referring to matter in the possession of or available to a prosecutor, means any tangible property or potential testimony which may be offered in evidence in a criminal action.
3. "Potential testimony" means information or factual knowledge of a person who is or may be available as a witness.
4. "Eavesdropping" means "wiretapping", "mechanical overhearing of a conversation," or "intercepting or accessing of an electronic communication", as those terms are defined in § 250.00 of the penal law.
5. "Aggrieved." An "aggrieved person" includes, but is in no wise limited to, an "aggrieved person" as defined in subdivision two of § 4506 of the civil practice law and rules.
6. "Video surveillance" has the meaning given to that term by section 700.05 of this chapter.
7. "Pen register" and "trap and trace device" have the meanings given to those terms by subdivisions one and two respectively of section 705.00 of this chapter.