Motion to suppress evidence; definitions of terms

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New York Code › Act CPL › Part 3 › Title T › Article 710 › Section 710.10

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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§ 710.10 Motion to suppress evidence; definitions of terms.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Defendant" means a person who has been charged by an accusatory\ninstrument with the commission of an offense.\n 2. "Evidence," when referring to matter in the possession of or\navailable to a prosecutor, means any tangible property or potential\ntestimony which may be offered in evidence in a criminal action.\n 3. "Potential testimony" means information or factual knowledge of a\nperson who is or may be available as a witness.\n 4. "Eavesdropping" means "wiretapping", "mechanical overhearing of a\nconversation," or "intercepting or accessing of an electronic\ncommunication", as those terms are defined in section 250.00 of the\npenal law.\n 5. "Aggrieved." An "aggrieved person" includes, but is in no wise\nlimited to, an "aggrieved person" as defined in subdivision two of\nsection forty-five hundred six of the civil practice law and rules.\n 6. "Video surveillance" has the meaning given to that term by section\n700.05 of this chapter.\n 7. "Pen register" and "trap and trace device" have the meanings given\nto those terms by subdivisions one and two respectively of section\n705.00 of this chapter.\n

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Motion to suppress evidence; definitions of terms · N.Y. CPL Law § 710.10 | Frix