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Yes, it is legal for one person to record a conversation that they have with someone else without their knowledge or consent. NM is considered a "one party consent state" meaning that as long as one party to the conversation is aware of it (i.e. the person recording) then they can do so. It would be illegal to plant a recording device to record the conversation of two people if it was done by a third party who was not part of the conversation.
No, not if they are not part of the conversation. If there are 3 people in a conversation, and one is recording it without knowledge of the other two, it is legal.