710.10 - 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.