N.Y. Criminal Procedure Law § 690.40: Search warrants; determination of application

§ 690.40 Search warrants; determination of application.

1. In determining an application for a search warrant the court may

examine, under oath, any person whom it believes may possess pertinent

information. Any such examination must be either recorded or summarized

on the record by the court.

2. If the court is satisfied that there is reasonable cause to believe

that property of a kind or character referred to in section 690.10, and

described in the application, may be found in or upon the place,

premises, vehicle or person designated or described in the application,

or, in the case of an application for a search warrant as defined in

paragraph (b) of subdivision two of section 690.05, that there is

reasonable cause to believe that the person who is the subject of a

warrant of arrest, a superior court warrant of arrest, or a bench

warrant for a felony may be found at the premises designated in the

application, it may grant the application and issue a search warrant

directing a search of the said place, premises, vehicle or person and a

seizure of the described property or the described person. If the court

is further satisfied that grounds, described in subdivision four of

section 690.35, exist for authorizing the search to be made at any hour

of the day or night, or without giving notice of the police officer's

authority and purpose, it may make the search warrant executable

accordingly.

3. When a judge determines to issue a search warrant based upon an

oral application, the applicant therefor shall prepare the warrant in

accordance with section 690.45 and shall read it, verbatim, to the

judge.