§ 4506 — Eavesdropping evidence; admissibility; motion to suppress in certain cases

§ 4506. Eavesdropping evidence; admissibility; motion to suppress in\ncertain cases. 1. The contents of any overheard or recorded\ncommunication, conversation or discussion, or evidence derived\ntherefrom, which has been obtained by conduct constituting the crime of\neavesdropping, as defined by section 250.05 of the penal law, may not be\nreceived in evidence in any trial, hearing or proceeding before any\ncourt or grand jury, or before any legislative committee, department,\nofficer, agency, regulatory body, or other authority of the state, or a\npolitical subdivision thereof; provided, however, that such\ncommunication, conversation, discussion or evidence, shall be admissible\nin any civil or criminal trial, hearing or proceeding against a person\nwho has, or is alleged to have, committed such crime of eavesdropping.\n 2. As used in this section, the term "aggrieved person" means:\n (a) A person who was a sender or receiver of a telephonic or\ntelegraphic communication which was intentionally overheard or recorded\nby a person other than the sender or receiver thereof, without the\nconsent of the sender or receiver, by means of any instrument, device or\nequipment; or\n (b) A party to a conversation or discussion which was intentionally\noverheard or recorded, without the consent of at least one party\nthereto, by a person not present thereat, by means of any instrument,\ndevice or equipment; or\n (c) A person against whom the overhearing or recording described in\nparagraphs (a) and (b) was directed.\n 3. An aggrieved person who is a party in any civil trial, hearing or\nproceeding before any court, or before any department, officer, agency,\nregulatory body, or other authority of the state, or a political\nsubdivision thereof, may move to suppress the contents of any overheard\nor recorded communication, conversation or discussion or evidence\nderived therefrom, on the ground that:\n (a) The communication, conversation or discussion was unlawfully\noverheard or recorded; or\n (b) The eavesdropping warrant under which it was overheard or recorded\nis insufficient on its face; or\n (c) The eavesdropping was not done in conformity with the\neavesdropping warrant.\n 4. The motion prescribed in subdivision three of this section must be\nmade before the judge or justice who issued the eavesdropping warrant.\nIf no eavesdropping warrant was issued, such motion must be made before\na justice of the supreme court of the judicial district in which the\ntrial, hearing or proceeding is pending. The aggrieved person must\nallege in his motion papers that an overheard or recorded communication,\nconversation or discussion, or evidence derived therefrom, is subject to\nsuppression under subdivision three of this section, and that such\ncommunication, conversation or discussion, or evidence, may be used\nagainst him in the civil trial, hearing or proceeding in which he is a\nparty. The motion must be made prior to the commencement of such trial,\nhearing or proceeding, unless there was no opportunity to make such\nmotion or the aggrieved person was not aware of the grounds of the\nmotion. If the motion is granted, the contents of the overheard or\nrecorded communication, conversation or discussion or evidence derived\ntherefrom, may not be received in evidence in any trial, hearing or\nproceeding.\n