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N.Y. Crim. Proc. Law § 182.20

Electronic appearance; general rule

Showing this section's text as in effect on January 1, 2016 (in force January 1, 2016 – January 1, 2018). View current text →

* § 182.20 Electronic appearance; general rule.\n 1. Notwithstanding any other provision of law and except as provided\nin section 182.30 of this article, the court, in its discretion, may\ndispense with the personal appearance of the defendant, except an\nappearance at a hearing or trial, and conduct an electronic appearance\nin connection with a criminal action pending in Albany, Bronx, Broome,\nErie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,\nPutnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,\nCattaraugus, Clinton, Essex, Montgomery, Rensselaer, Warren,\nWestchester, Suffolk, Herkimer or Franklin county, provided that the\nchief administrator of the courts has authorized the use of electronic\nappearance and the defendant, after consultation with counsel, consents\non the record. Such consent shall be required at the commencement of\neach electronic appearance to such electronic appearance.\n 2. If, for any reason, the court determines on its own motion or on\nthe motion of any party that the conduct of an electronic appearance may\nimpair the legal rights of the defendant, it shall not permit the\nelectronic appearance to proceed. If, for any other articulated reason,\neither party requests at any time during the electronic appearance that\nsuch appearance be terminated, the court shall grant such request and\nadjourn the proceeding to a date certain. Upon the adjourned date the\nproceeding shall be recommenced from the point at which the request for\ntermination of the electronic appearance had been granted.\n 3. The electronic appearance shall be conducted in accordance with\nrules issued by the chief administrator of the courts.\n 4. When the defendant makes an electronic appearance, the court\nstenographer shall record any statements in the same manner as if the\ndefendant had made a personal appearance. No electronic recording of any\nelectronic appearance may be made, viewed or inspected except as may be\nauthorized by the rules issued by the chief administrator of the courts.\n * NB Repealed September 1, 2017\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.