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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My house was trespassed by 2 church members. I live in upstate

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My house was trespassed by 2 church members. I live in upstate NY. I recorded the event to include asking the individual to stay out. I used a small recorder. It was recorded unknowing to them. Can this recording be used in court or for other documentation?

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, New York law is known as a 'one party' recording statute. That means that so long as ONE of the parties to the recording consented, the recording is valid. Since you were there and you consented, that makes the recording valid and something that would be admissible in court as evidence. Please see N.Y. Penal Law §§ 250.00, 250.05.

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