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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 705.00: Definitions

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 3. Special Proceedings and Miscellaneous Procedures
  3. Title T. Procedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained
  4. Article 705. Pen Registers and Trap and Trace Devices

§ 705.00 Definitions.

As used in this article, the following terms have the following

meanings:

1. "Pen register" means a device which records or decodes electronic

or other impulses which identify the numbers dialed or otherwise

transmitted on the telephone line to which such device is attached, but

such term does not include any device used by a provider or customer of

a wire or electronic communication service for billing, or recording as

an incident to billing, for communications services provided by such

provider or any device used by a provider or customer of a wire

communication service for cost accounting or other like purposes in the

ordinary course of its business.

2. "Trap and trace device" means a device which captures the incoming

electronic or other impulses which identify the originating number of an

instrument or device from which a wire or electronic communication was

transmitted.

3. "Applicant" means a district attorney, an assistant district

attorney, and when empowered by law to conduct an investigation of or to

prosecute or participate in the prosecution of a designated crime, the

attorney general, an assistant attorney general, the deputy attorney

general in charge of the statewide organized crime task force, or an

assistant deputy attorney general of such task force.

4. "Law enforcement agency" means any agency which is empowered by law

to conduct an investigation or to make an arrest for a felony, and any

agency which is authorized by law to prosecute or participate in the

prosecution of a felony.

5. "Designated crime" means any crime included within the definition

of a "designated offense" in subdivision eight of section 700.05 of this

chapter, any criminal act as defined in subdivision one of section

460.10 of the penal law, bail jumping in the first and second degree as

defined in sections 215.57 and 215.56 of such law, or aggravated

harassment as defined in subdivisions one and two of section 240.30 of

such law.

6. "Justice" means justice as defined in subdivision four of section

700.05 of this chapter.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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