In People v. Martello (93 NY2d 645 [1999]), the High Court stated: "Here, we address, for the first time, whether the rule announced in Bialostok should apply in a case where the pen register surveillance is undisputedly conducted in strict compliance with the legislative commands of CPL article 705." Noting that the definition of "pen register" in this article contains no exclusion for devices capable of conversion to an eavesdropping capacity, the Court further commented on the amendment of CPL 700.05 that explicitly excludes pen registers from the definition of eavesdropping when such devices are authorized pursuant to CPL 705.10. The Martello Court concluded (at 654): "The concomitant result is that the CPL article 705 definition of 'pen register,' combined with the operative effect of the Legislature's express exclusion of pen registers from the CPL article 700 definition of 'eavesdropping,' evinces a legislative intent to view all pen registers, including those readily adaptable as eavesdropping devices, as pen registers and not, as Bialostok held, as eavesdropping devices."