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Article 182 - NY Criminal Procedure Law

* ALTERNATE METHOD OF COURT APPEARANCE

Section Description
182.10Definition of terms.
182.20Electronic appearance; general rule.
182.30Electronic appearance; conditions and limitations.
182.40Approval by the chief administrator of the courts.
* NB Repealed September 1, 2017
* 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  * NB Repealed September 1, 2017

* 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,  Orange,
  Putnam,   Queens,   Richmond,   St.   Lawrence,   Tompkins,  Chautauqua,
  Cattaraugus,   Clinton,   Essex,   Montgomery,    Rensselaer,    Warren,
  Westchester,  Suffolk,  Herkimer  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 September 1, 2017

* 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 September 1, 2017

* 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 September 1, 2017

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