N.Y. CPLR § 4506

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4506 Eavesdropping evidence; admissibility; motion to suppress incertain cases. 1 § 4506. Eavesdropping evidence; admissibility; motion to suppress incertain cases. 1. The contents of any overheard or recordedcommunication, conversation or discussion, or evidence derivedtherefrom, which has been obtained by conduct constituting the crime ofeavesdropping, as defined by section 250.05 of the penal law, may not bereceived in evidence in any trial, hearing or proceeding before anycourt or grand jury, or before any legislative committee, department,officer, agency, regulatory body, or other authority of the state, or apolitical subdivision thereof; provided, however, that suchcommunication, conversation, discussion or evidence, shall be admissiblein any civil or criminal trial, hearing or proceeding against a personwho has, or is alleged to have, committed such crime of eavesdropping.2. As used in this section, the term "aggrieved person" means:(a) A person who was a sender or receiver of a telephonic ortelegraphic communication which was intentionally overheard or recordedby a person other than the sender or receiver thereof, without theconsent of the sender or receiver, by means of any instrument, device orequipment; or(b) A party to a conversation or discussion which was intentionallyoverheard or recorded, without the consent of at least one partythereto, by a person not present thereat, by means of any instrument,device or equipment; or(c) A person against whom the overhearing or recording described inparagraphs (a) and (b) was directed.3. An aggrieved person who is a party in any civil trial, hearing orproceeding before any court, or before any department, officer, agency,regulatory body, or other authority of the state, or a politicalsubdivision ho is a party in any civil trial, hearing orproceeding before any court, or before any department, officer, agency,regulatory body, or other authority of the state, or a politicalsubdivision thereof, may move to suppress the contents of any overheardor recorded communication, conversation or discussion or evidencederived therefrom, on the ground that:(a) The communication, conversation or discussion was unlawfullyoverheard or recorded; or(b) The eavesdropping warrant under which it was overheard or recordedis insufficient on its face; or(c) The eavesdropping was not done in conformity with theeavesdropping warrant.4. The motion prescribed in subdivision three of this section must bemade before the judge or justice who issued the eavesdropping warrant.If no eavesdropping warrant was issued, such motion must be made beforea justice of the supreme court of the judicial district in which thetrial, hearing or proceeding is pending. The aggrieved person mustallege in his motion papers that an overheard or recorded communication,conversation or discussion, or evidence derived therefrom, is subject tosuppression under subdivision three of this section, and that suchcommunication, conversation or discussion, or evidence, may be usedagainst him in the civil trial, hearing or proceeding in which he is aparty. The motion must be made prior to the commencement of such trial,hearing or proceeding, unless there was no opportunity to make suchmotion or the aggrieved person was not aware of the grounds of themotion. If the motion is granted, the contents of the overheard orrecorded communication, conversation or discussion or evidence derivedtherefrom, may not be received in evidence in any trial, hearing orproceeding.