Motion to suppress evidence; definitions of terms

§ 710.10 Motion to suppress evidence; definitions of terms.

As used in this article, the following terms have the following
meanings:

1. "Defendant" means a person who has been charged by an accusatory
instrument with the commission of an offense.

2. "Evidence," when referring to matter in the possession of or
available to a prosecutor, means any tangible property or potential
testimony which may be offered in evidence in a criminal action.

3. "Potential testimony" means information or factual knowledge of a
person who is or may be available as a witness.

4. "Eavesdropping" means "wiretapping", "mechanical overhearing of a
conversation," or "intercepting or accessing of an electronic
communication", as those terms are defined in section 250.00 of the
penal law.

5. "Aggrieved." An "aggrieved person" includes, but is in no wise
limited to, an "aggrieved person" as defined in subdivision two of
section forty-five hundred six of the civil practice law and rules.

6. "Video surveillance" has the meaning given to that term by section
700.05 of this chapter.

7. "Pen register" and "trap and trace device" have the meanings given
to those terms by subdivisions one and two respectively of section
705.00 of this chapter.