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ARTICLE · 29 MAY 2023

Are Recorded Conversations Admissible In New York?

In today's world, making a sound recording is easier than ever. But, as easy as it may be, recording a telephone or in-person conversation is not always legal.

United StatesCriminal Law

In today's world, making a sound recording is easier than ever. But, as easy as it may be, recording a telephone or in-person conversation is not always legal. If you run afoul of state or federal wiretapping laws, you may expose yourself to serious consequences, including criminal prosecution and civil liability. Importantly, even legally recorded conversations are not always admissible in court. While New York State laws are not as strict as in some states like Florida, it is crucial to understand the distinction between legal and illegal recordings in order to comply with the law and attempt to admit a recorded conversation into evidence.

NEW YORK STATE LAW

New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. In other words, if you are a party to the conversation, you may record without the other person's consent. But unless you obtain permission in advance, you

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