Title CPL, Criminal Procedure

§ 660.10 Examination of witnesses conditionally; in general. After a defendant has been arraigned upon an accusatory instrument, and under circumstances prescribed in this article, a criminal court may, upon application of either the people or a defendant, order that a witness or…

§ 660.20 Examination of witnesses conditionally; grounds for order. An order directing examination of a witness conditionally must be based upon the ground that there is reasonable cause to believe that such witness: 1. Possesses information material to the criminal action or pro…

§ 660.30 Examination of witnesses conditionally; when and to what courts application may be made. 1. An application to examine a witness conditionally may be made at any time after the defendant has been arraigned upon an accusatory instrument and before termination of the action…

§ 660.40 Examination of witnesses conditionally; application and notice. 1. An application to examine a witness conditionally must be made in writing, must be subscribed and sworn to, and must contain: (a) The title of the action, the offense or offenses charged, the nature and s…

§ 660.50 Examination of witnesses conditionally; determination of application. 1. Before ruling upon the application, the court may, in addition to examining the papers and hearing oral argument, make any inquiry it deems appropriate for the purpose of making findings of fact ess…

§ 660.60 Examination of witnesses conditionally; the examination proceeding. 1. The examination proceeding must be conducted in the same manner as would be required were the witness testifying at a trial, and must be recorded in such fashion as the court has directed pursuant to …

§ 670.10 Use in a criminal proceeding of testimony given in a previous proceeding; when authorized. 1. Under circumstances prescribed in this article, testimony given by a witness at (a) a trial of an accusatory instrument, or (b) a hearing upon a felony complaint conducted pursu…

§ 670.20 Use in a criminal proceeding of testimony given in a previous proceeding; procedure. 1. In any criminal action or proceeding other than a grand jury proceeding, a party thereto who desires to offer in evidence testimony of a witness given in a previous action or proceedi…

§ 680.10 Examination of witnesses on commission; in general. 1. Under circumstances prescribed in this article, testimony material to a trial or pending trial of an accusatory instrument which charges a crime, may be taken by "examination on a commission" outside the state and re…

§ 680.20 Examination of witnesses on commission; when commission issuable; form and content of application. 1. Upon a pre-trial application of a defendant who has pleaded not guilty to an indictment or other accusatory instrument which charges a crime, the superior court in which…

§ 680.30 Examination of witnesses on commission; application by people for examination of witnesses. 1. Upon granting the defendant's application for issuance of a commission, the court may, upon application of the people, determine that the commission shall also authorize examin…

§ 680.40 Examination of witnesses on commission; when commission issuable upon application of people. When a commission has been issued upon application of a defendant pursuant to section 680.20, the court may, upon application of the people, issue another commission for examinat…

§ 680.50 Examination of witnesses on commission; interrogatories. 1. Following an order for the issuance of a commission and the court's designation of the witnesses to be examined thereon, each party must prepare interrogatories or questions to be asked of each witness who is to…

§ 680.60 Examination of witnesses on commission; form and content of the commission. 1. The commission must be subscribed by the court and must contain: (a) The name and address of each witness to be examined; and (b) The name, or a descriptive title, of a commissioner or commiss…

§ 680.70 Examination of witnesses on commission; the examination. The examination on the commission must be conducted as follows: 1. Each witness must testify under oath, and the examination must be recorded and transcribed. 2. Each witness must first be asked all the questions c…

§ 680.80 Examination of witnesses on commission; use at trial of transcript of examination. 1. When the transcript and record of the examination on commission are received by the superior court which issued the commission, they must be filed therewith if such court be the trial c…

§ 690.05 Search warrants; in general; definition. 1. Under circumstances prescribed in this article, a local criminal court may, upon application of a police officer, a district attorney or other public servant acting in the course of his official duties, issue a search warrant. …

§ 690.10 Search warrants; property subject to seizure thereunder. Personal property is subject to seizure pursuant to a search warrant if there is reasonable cause to believe that it: 1. Is stolen; or 2. Is unlawfully possessed; or 3. Has been used, or is possessed for the purpos…

§ 690.15 Search warrants; what and who are subject to search thereunder. 1. A search warrant must direct a search of one or more of the following: (a) A designated or described place or premises; (b) A designated or described vehicle, as that term is defined in section 10.00 of t…

§ 690.20 Search warrants; where executable. 1. A search warrant issued by a district court, the New York City criminal court or a superior court judge sitting as a local criminal court may be executed pursuant to its terms anywhere in the state. 2. A search warrant issued by a ci…

§ 690.25 Search warrants; to whom addressable and by whom executable. 1. A search warrant must be addressed to a police officer whose geographical area of employment embraces or is embraced or partially embraced by the county of issuance. The warrant need not be addressed to a sp…

§ 690.30 Search warrants; when executable. 1. A search warrant must be executed not more than ten days after the date of issuance and it must thereafter be returned to the court without unnecessary delay. 2. A search warrant may be executed on any day of the week. It may be execu…

§ 690.35 Search warrants; the application. 1. An application for a search warrant may be in writing or oral. If in writing, it must be made, subscribed and sworn to by a public servant specified in subdivision one of section 690.05. If oral, it must be made by such a public serva…

§ 690.36 Search warrants; special provisions governing oral applications therefor. 1. An oral application for a search warrant may be communicated to a judge by telephone, radio or other means of electronic communication. 2. Where an oral application for a search warrant is made,…

§ 690.40 Search warrants; determination of application. 1. In determining an application for a search warrant the court may examine, under oath, any person whom it believes may possess pertinent information. Any such examination must be either recorded or summarized on the record…

§ 690.45 Search warrants; form and content. A search warrant must contain: 1. The name of the issuing court and, except where the search warrant has been obtained on an oral application, the subscription of the issuing judge; and 2. Where the search warrant has been obtained on a…

§ 690.50 Search warrants; execution thereof. 1. In executing a search warrant directing a search of premises or a vehicle, a police officer must, except as provided in subdivision two, give, or make reasonable effort to give, notice of his authority and purpose to an occupant the…

§ 690.55 Search warrants; disposition of seized property. 1. Upon receiving property seized pursuant to a search warrant, the court must either: (a) Retain it in the custody of the court pending further disposition thereof pursuant to subdivision two or some other provision of la…

§ 70.10 Standards of proof; definitions of terms. The following definitions are applicable to this chapter: 1. "Legally sufficient evidence" means competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant's commission the…

§ 70.20 Standards of proof for conviction. No conviction of an offense by verdict is valid unless based upon trial evidence which is legally sufficient and which establishes beyond a reasonable doubt every element of such offense and the defendant's commission thereof.

§ 700.05 Eavesdropping and video surveillance warrants; definitions of terms. As used in this article, the following terms have the following meanings: 1. "Eavesdropping" means "wiretapping", "mechanical overhearing of conversation," or the "intercepting or accessing of an electr…

§ 700.10 Eavesdropping and video surveillance warrants; in general. 1. Under circumstances prescribed in this article, a justice may issue an eavesdropping warrant or a video surveillance warrant upon ex parte application of an applicant who is authorized by law to investigate, p…

§ 700.15 Eavesdropping and video surveillance warrants; when issuable. An eavesdropping or video surveillance warrant may issue only: 1. Upon an appropriate application made in conformity with this article; and 2. Upon probable cause to believe that a particularly described perso…

§ 700.20 Eavesdropping and video surveillance warrants; application. 1. An ex parte application for an eavesdropping or video surveillance warrant must be made to a justice in writing, except as provided in section 700.21 of this article, and must be subscribed and sworn to by an…

§ 700.21 Temporary authorization for eavesdropping or video surveillance in emergency situations. 1. In an emergency situation where imminent danger of death or serious physical injury exists and, under the circumstances, it is impractical for the applicant to prepare a written a…

§ 700.25 Eavesdropping warrants; determination of application. 1. If the application conforms to section 700.20, the justice may require the applicant to furnish additional testimony or documentary evidence in support of the application. He may examine, under oath, any person for…

§ 700.30 Eavesdropping and video surveillance warrants; form and content. An eavesdropping or video surveillance warrant must contain: 1. The name of the applicant, date of issuance, and the subscription and title of the issuing justice; and 2. The identity of the person, if know…

§ 700.35 Eavesdropping and video surveillance warrants; manner and time of execution. 1. An eavesdropping or video surveillance warrant must be executed according to its terms by a law enforcement officer who is a member of the law enforcement agency authorized in the warrant to …

§ 700.40 Eavesdropping and video surveillance warrants; order of extension. At any time prior to the expiration of an eavesdropping or video surveillance warrant, the applicant may apply to the issuing justice, or, if he is unavailable, to another justice, for an order of extensi…

§ 700.50 Eavesdropping and video surveillance warrants; progress reports and notice. 1. An eavesdropping or video surveillance warrant may require reports to be made to the issuing justice showing what progress has been made toward achievement of the authorized objective and the …

§ 700.55 Eavesdropping and video surveillance warrants; custody of warrants, applications and recordings. 1. Applications made and warrants issued under this article shall be sealed by the justice. Any eavesdropping or video surveillance warrant, together with a copy of papers up…

§ 700.60 Eavesdropping warrants; reports to the administrative office of the United States courts. 1. Within thirty days after the termination of an eavesdropping warrant or the expiration of an extension order, the issuing or denying justice must submit such report to the admini…

§ 700.65 Eavesdropping and video surveillance warrants; disclosure and use of information; order of amendment. 1. Any law enforcement officer who, by any means authorized by this article, has obtained knowledge of the contents of any intercepted communication or video surveillanc…

§ 700.70 Eavesdropping warrants; notice before use of evidence. The contents of any intercepted communication, or evidence derived therefrom, may not be received in evidence or otherwise disclosed upon a trial of a defendant unless the people, within fifteen days after arraignmen…

§ 705.00 Definitions. As used in this article, the following terms have the following meanings: 1. "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such de…

§ 705.05 Pen register and trap and trace authorizations; in general. Under circumstances prescribed in this article, a justice may issue an order authorizing the use of a pen register or a trap and trace device upon ex parte application of an applicant who is authorized by law to…

§ 705.10 Orders authorizing the use of a pen register or a trap and trace device; when issuable. An order authorizing the use of a pen register or a trap and trace device may issue only: 1. Upon an appropriate application made in conformity with this article; and 2. Upon a determ…

§ 705.15 Application for an order authorizing the use of a pen register or a trap and trace device. 1. An ex parte application for an order or an extension of an order authorizing the use of a pen register or a trap and trace device must be made to a justice in writing, and must …

§ 705.20 Orders authorizing the use of a pen register or a trap and trace device; determination of application. 1. If the justice determines on the basis of the facts submitted by the applicant that grounds exist for the issue of an order authorizing the use of a pen register or …

§ 705.25 Pen register or trap and trace device orders; time period and extensions. 1. An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. 2. Extensions of such an order may…