N.Y. Criminal Procedure Law § 710.10: Motion to suppress evidence; definitions of terms

§ 710.10 Motion to suppress evidence; definitions of terms.

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

meanings:

1. "Defendant" means a person who has been charged by an accusatory

instrument with the commission of an offense.

2. "Evidence," when referring to matter in the possession of or

available to a prosecutor, means any tangible property or potential

testimony which may be offered in evidence in a criminal action.

3. "Potential testimony" means information or factual knowledge of a

person who is or may be available as a witness.

4. "Eavesdropping" means "wiretapping", "mechanical overhearing of a

conversation," or "intercepting or accessing of an electronic

communication", as those terms are defined in section 250.00 of the

penal law.

5. "Aggrieved." An "aggrieved person" includes, but is in no wise

limited to, an "aggrieved person" as defined in subdivision two of

section forty-five hundred six of the civil practice law and rules.

6. "Video surveillance" has the meaning given to that term by section

700.05 of this chapter.

7. "Pen register" and "trap and trace device" have the meanings given

to those terms by subdivisions one and two respectively of section

705.00 of this chapter.