N.Y. Criminal Procedure Law 700.70 – Eavesdropping warrants; notice before use of evidence
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§ 700.70 Eavesdropping warrants; notice before use of evidence.
Terms Used In N.Y. Criminal Procedure Law 700.70
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- communication: includes conversation and discussion. See N.Y. Criminal Procedure Law 700.05
- 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. See N.Y. Criminal Procedure Law 700.05
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in § 250. See N.Y. Criminal Procedure Law 700.05
- Eavesdropping warrant: means an order of a justice authorizing or approving eavesdropping. See N.Y. Criminal Procedure Law 700.05
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The contents of any intercepted communication, or evidence derived therefrom, may not be received in evidence or otherwise disclosed upon a trial of a defendant unless the people, within fifteen days after arraignment and before the commencement of the trial, furnish the defendant with a copy of the eavesdropping warrant, and accompanying application, under which interception was authorized or approved. This fifteen day period may be extended by the trial court upon good cause shown if it finds that the defendant will not be prejudiced by the delay in receiving such papers.