§ 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 surveillance, or evidence derived therefrom, may
disclose such contents to another law enforcement officer to the extent
that such disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the disclosure.

2. Any law enforcement officer who, by any means authorized by this
article, has obtained knowledge of the contents of any intercepted
communication or video surveillance, or evidence derived therefrom, may
use such contents to the extent such use is appropriate to the proper
performance of his official duties.

3. Any person who has received, by any means authorized by this
article, any information concerning a communication or video
surveillance, or evidence derived therefrom, intercepted or conducted in
accordance with the provisions of this article, may disclose the
contents of that communication or video surveillance, or such derivative
evidence, while giving testimony under oath in any criminal proceeding
in any court, in any grand jury proceeding or in any action commenced
pursuant to article thirteen-A or thirteen-B of the civil practice law
and rules; provided, however, that the presence of the seal provided for
by subdivision two of section 700.50, or a satisfactory explanation of
the absence thereof, shall be a prerequisite for the use or disclosure
of the contents of any communication or video surveillance, or evidence
derived therefrom; and provided further, however, that where a criminal
court of competent jurisdiction has ordered exclusion or suppression of
the contents of an intercepted communication or video surveillance, or
evidence derived therefrom, such determination shall be binding in an
action commenced pursuant to article thirteen-A or thirteen-B of the
civil practice law and rules.

4. When a law enforcement officer, while engaged in intercepting
communications or conducting video surveillance in the manner authorized
by this article, intercepts a communication or makes an observation
which was not otherwise sought and which constitutes evidence of any
crime that has been, is being or is about to be committed, the contents
of such communications or observation, and evidence derived therefrom,
may be disclosed or used as provided in subdivisions one and two. Such
contents and any evidence derived therefrom may be used under
subdivision three when a justice amends the eavesdropping or video
surveillance warrant to include such contents. The application for such
amendment must be made by the applicant as soon as practicable by giving
notice to the court of the interception of the communication or the
making of the observation and of the contents of such interception or
observation; provided that during the period in which the eavesdropping
or video surveillance is continuing, such notice must be given within
ten days after probable cause exists to believe that a crime not named
in the warrant has been, is being, or is about to be committed, or at
the time an application for an order of extension is made pursuant to
section 700.40 of this article, if such probable cause then exists,
whichever is earlier. If the justice finds that such contents were
otherwise intercepted in accordance with the provisions of this article,
he may grant the application.