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* ARTICLE 182
ALTERNATE METHOD OF COURT APPEARANCE
Section 182.10 Definition of terms.
182.20 Electronic appearance; general rule.
182.30 Electronic appearance; conditions and limitations.
182.40 Approval by the chief administrator of the courts.
* NB Repealed December 31, 2006
* S 182.10 Definition of terms.
As used in this article:
1. "Independent audio-visual system" means an electronic system for
the transmission and receiving of audio and visual signals, encompassing
encoded signals, frequency domain multiplexing or other suitable means
to preclude the unauthorized reception and decoding of the signals by
commercially available television receivers, channel converters, or
other available receiving devices.
2. "Electronic appearance" means an appearance in which various
participants, including the defendant, are not present in the court, but
in which, by means of an independent audio-visual system, (a) all of the
participants are simultaneously able to see and hear reproductions of
the voices and images of the judge, counsel, defendant, police officer,
and any other appropriate participant, and (b) counsel is present with
the defendant, or if the defendant waives the presence of counsel on the
record, the defendant and his or her counsel are able to see and hear
each other and engage in private conversation.
* NB Repealed December 31, 2006
* S 182.20 Electronic appearance; general rule.
1. Notwithstanding any other provision of law and except as provided
in section 182.30 of this article, the court, in its discretion, may
dispense with the personal appearance of the defendant, except an
appearance at a hearing or trial, and conduct an electronic appearance
in connection with a criminal action pending in Albany, Bronx, Broome,
Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Queens,
Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clinton,
Montgomery, Rensselaer, Westchester or Franklin county, provided that
the chief administrator of the courts has authorized the use of
electronic appearance and the defendant, after consultation with
counsel, consents on the record. Such consent shall be required at the
commencement of each electronic appearance to such electronic
appearance.
2. If, for any reason, the court determines on its own motion or on
the motion of any party that the conduct of an electronic appearance may
impair the legal rights of the defendant, it shall not permit the
electronic appearance to proceed. If, for any other articulated reason,
either party requests at any time during the electronic appearance that
such appearance be terminated, the court shall grant such request and
adjourn the proceeding to a date certain. Upon the adjourned date the
proceeding shall be recommenced from the point at which the request for
termination of the electronic appearance had been granted.
3. The electronic appearance shall be conducted in accordance with
rules issued by the chief administrator of the courts.
4. When the defendant makes an electronic appearance, the court
stenographer shall record any statements in the same manner as if the
defendant had made a personal appearance. No electronic recording of any
electronic appearance may be made, viewed or inspected except as may be
authorized by the rules issued by the chief administrator of the courts.
* NB Repealed December 31, 2006
* S 182.30 Electronic appearance; conditions and limitations.
The following conditions and limitations apply to all electronic
appearances:
1. The defendant may not enter a plea of guilty to, or be sentenced
upon a conviction of, a felony.
2. The defendant may not enter a plea of not responsible by reason of
mental disease or defect.
3. The defendant may not be committed to the state department of
mental hygiene pursuant to article seven hundred thirty of this chapter.
4. The defendant may not enter a plea of guilty to a misdemeanor
conditioned upon a promise of incarceration unless such incarceration
will be imposed only in the event that the defendant fails to comply
with a term or condition imposed under the original sentence.
5. A defendant who has been convicted of a misdemeanor may not be
sentenced to a period of incarceration which exceeds the time the
defendant has already served when sentence is imposed.
* NB Repealed December 31, 2006
* S 182.40 Approval by the chief administrator of the courts.
1. The appropriate administrative judge shall submit to the chief
administrator of the courts a written proposal for the use of electronic
appearance in his or her jurisdiction. If the chief administrator of the
courts approves the proposal, installation of an independent
audio-visual system may begin.
2. Upon completion of the installation of an independent audio-visual
system, the commission on cable television shall inspect, test, and
examine the independent audio-visual system and certify to the chief
administrator of the courts whether the system complies with the
definition of an independent audio-visual system and is technically
suitable for the conducting of electronic appearances as intended.
3. The chief administrator of the courts shall issue rules governing
the use of electronic appearances.
* NB Repealed December 31, 2006
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