Section 710.10. Motion to suppress evidence; definitions of terms  


Latest version.
  • 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.