CPL § 710.10

Motion to suppress evidence; definitions of terms · as in force on May 31, 2026

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/710.10

In plain English

These definitions govern suppression motions under this article:

(1) A defendant is someone charged with an offense by an accusatory instrument.
(2) Evidence available to a prosecutor means tangible property or potential testimony that may be offered in a criminal action.
(3) Potential testimony is information or factual knowledge held by someone who is or may be a witness.
(4) Eavesdropping means wiretapping, mechanical overhearing of a conversation, or intercepting or accessing an electronic communication, as those terms are defined in Penal Law § 250.00. ★
(5) An aggrieved person includes, but is not limited to, the meaning in CPLR § 4506(2).
(6) Video surveillance has the meaning in § 700.05.
(7) Pen register and trap and trace device have the meanings in § 705.00(1) and (2).

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.