§ 140.40 Unlawful possession of radio devices.

As used in this section, the term "radio device" means any device
capable of receiving a wireless voice transmission on any frequency
allocated for police use, or any device capable of transmitting and
receiving a wireless voice transmission. A person is guilty of unlawful
possession of a radio device when he possesses a radio device with the
intent to use that device in the commission of robbery, burglary,
larceny, gambling or a violation of any provision of article two hundred
twenty of the penal law.

Unlawful possession of a radio device is a class B misdemeanor.