§ 4506. Eavesdropping evidence; admissibility; motion to suppress in certain cases.
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§ 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.