N.Y. Civil Practice Law & Rules § 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.