My friend charged it ONE time, as well as possession of radio devices (PL 140.40). A "group" was using a cell phone app in an attempt to monitor local law enforcement while they attempted to commit a burglary, which they were ironically caught in the act of due to some good intelligence. During a search of their vehicle, a cell phone was found in a cupholder of an involved vehicle, which was broadcasting a neighboring law enforcement agency (criminals aren't smart and didn't monitor the right PD, who was displayed on the app, but no longer was actually on the feed the app was providing). The VTL misdemeanor for the scanner was essentially dropped as part of the legal proceedings (lots of fluff charges get consolidated or dropped, leaving behind the meat and potatoes charges). Regardless, they were convicted of attempted burglary and possession of radio devices, which was a cell phone with the police scanner app playing. Some laws in NYS are very vague or outdated, especially VTL, and if an officer can properly articulate a scanner app on a phone, contained within a motor vehicle, it could absolutely stick. Last I checked, a cell phone is a radio, and using an app, could make it "capable of receiving signals on the frequencies allocated for police use" (VTL 397), while not directly those frequencies, but monitoring them through an intermediary service. Regardless, there is probably a better charge (PL 140.40), when you're actually committing one of the defined crimes, but, like it's been covered before, don't do illegal things while you're doing illegal things, and you'd most likely not have to worry about it. I'm willing to bet, most cops have no idea about that section of the VTL; but, you might find that one that might know just enough about radios, scanners, or the VTL who could rain on your parade.
***NOT LEGAL ADVICE***
