Title CPL, Criminal Procedure

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

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

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

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

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

§ 660.60 Examination of witnesses conditionally; the examination\n proceeding.\n 1. The examination proceeding must be conducted in the same manner as\nwould be required were the witness testifying at a trial, and must be\nrecorded in such fashion as the court has directed pursua…

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

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

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

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

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

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

§ 680.50 Examination of witnesses on commission; interrogatories.\n 1. Following an order for the issuance of a commission and the\ncourt's designation of the witnesses to be examined thereon, each party\nmust prepare interrogatories or questions to be asked of each witness\nwho …

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 690.50 Search warrants; execution thereof.\n 1. In executing a search warrant directing a search of premises or a\nvehicle, a police officer must, except as provided in subdivision two,\ngive, or make reasonable effort to give, notice of his authority and\npurpose to an occupan…

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

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

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

§ 700.05 Eavesdropping and video surveillance warrants; definitions of\n terms.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Eavesdropping" means "wiretapping", "mechanical overhearing of\nconversation," or the "intercepting or accessing of a…

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

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

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

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

§ 700.25 Eavesdropping warrants; determination of application.\n 1. If the application conforms to section 700.20, the justice may\nrequire the applicant to furnish additional testimony or documentary\nevidence in support of the application. He may examine, under oath, any\nperso…

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

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

§ 700.40 Eavesdropping and video surveillance warrants; order of\n extension.\n At any time prior to the expiration of an eavesdropping or video\nsurveillance warrant, the applicant may apply to the issuing justice,\nor, if he is unavailable, to another justice, for an order of e…

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

§ 700.55 Eavesdropping and video surveillance warrants; custody of\n warrants, applications and recordings.\n 1. Applications made and warrants issued under this article shall be\nsealed by the justice. Any eavesdropping or video surveillance warrant,\ntogether with a copy of pap…

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

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

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

§ 705.00 Definitions.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Pen register" means a device which records or decodes electronic\nor other impulses which identify the numbers dialed or otherwise\ntransmitted on the telephone line to which …

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

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

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

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

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