I know it's getting off topic, but let me clarify New York State law on police scanners since when this comes up there's always tons of confusion and misinformation. And let's be clear, I think the law is stupid.
First, the correct law to cite that law enforcement in New York, including NYC, always points to is §397 of the New York State V&TL. It's very specific. In plain English, it states that you cannot have a radio receiver or transceiver in a vehicle capable of receiving frequencies used by police, even if you are a sworn law enforcement/public safety employee or volunteer, unless you are issued a permit by the local, county, or state legislative body. Or, if you a FCC licensed Amateur Radio Operator using a Part 97 approved receiver/transceiver, never deviating into police frequencies even if it is not capable of transmitting on said spectrum. Scanners are flat out illegal in a vehicle anywhere in New York without a government permit.
What about if it's off, or not plugged in? Still illegal in a vehicle. Yeah, seriously. Re: New York v. Verdino, 1974 78 Misc.2d 719, 357 N.Y.S.2d 769.
So the FCC rules overrule New York when it comes to Amateur Radio Operators' right? Noooope. They ruled the law is constitutional and does not conflict with federal law because the law doesn't prohibit or interfere with ham operation on ham frequencies. Re: People v. McGee, 1978, 97 Misc.2d 360, 411 N.Y.S.2d 514.
Long story short, scanners, or any radio capable of receiving police transmissions on any band, with the exception of ham radio gear as long as it's never tuned to police frequencies, are completely illegal in New York State in a vehicle without a government permit. Period.
Stupid as that is.
As to a scanner outside a vehicle in New York State/NYC, yes § 10-103 is the only one that applies. And as the court has interpreted it, as long as you are not decrypting, descrambling, or interfering with the transmissions, and you're not in possession in the commission of a misdemeanor or felony crime, you're legal.