The confusion comes from a technicality in the NYS law books. Apparently, it has long been illegal to record voices when the subject is not aware of the recording.
However, as this law predates mass video taping, it says nothing about video recording. Now, if the video recording contains SOUND, then the evesdropping law applies. If the video does NOT contain sound, then it does not violate the law in question.
As a disclaimer, what I have written above was brought to light as a result of a local man (in NYS) caught videotaping the patrons of a marina, in the locker rooms. The statements I made above are my recollection of the way that case panned out. If I remember right, there were no criminal charges filed, based on the nuance of the law, however, there was a substantial civil case that ensued.
NYS law MAY have changed as a result of the case mentioned.
Tim