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Criminal Procedure Law

Consolidated Laws of New York's CPL code

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Article 185 - NY Criminal Procedure Law

* ALTERNATE METHOD OF ARRAIGNMENT

185.10 Definition of terms.
185.20 Electronic arraignment.
185.30 Conditions and limitations on electronic arraignment.
185.40 Approval by the chief administrator of the courts.
* NB Expired September 1, 1983
* S 185.10  Definition of terms.
  As used in this article:
  1.  "Independent audio-visual system" shall mean 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 arraignment" means an arraignment in which various
participants, including the defendant, are not personally present in the
court but in which all of the participants are simultaneously able to
see and hear reproductions of the voices and images of the judge,
counsels, defendant, police officer and any other appropriate
participant, by means of an independent audio-visual system.
* NB Expired September 1, 1983

* S 185.20  Electronic arraignment.
  Notwithstanding the provisions of subdivision nine of section 1.20,
sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10
and 180.10 of this chapter or any other provision of law as they pertain
to a defendant`s personal appearance at arraignment, in Suffolk county,
the court in its discretion may dispense with the defendant`s personal
appearance at the arraignment and conduct an electronic arraignment,
provided that:
  1.  The defendant has waived in writing his right to personally appear
at his arraignment and has consented to be arraigned by the electronic
arraignment process;
  2.  The district attorney has consented to the electronic arraignment
process for the defendant;
  3.  The personal appearance of the defendant at the arraignment would
result in an unreasonable delay in the preliminary proceeding; and
  4.  The chief administrator of the courts has authorized the use of
electronic arraignments for the court, pursuant to the provisions of
section 185.40 of this article.
* NB Expired September 1, 1983

* S 185.30 Conditions and limitations on electronic arraignment.
  Whenever a person is arraigned by means of an electronic arraignment,
the following conditions and limitations shall apply:
  1.  The defendant may not enter a plea of guilty;
  2.  The electronic arraignment process may be used only when the
accusatory instrument does not charge a felony;
  3.  No electronic recording of an electronic arraignment may be made,
viewed or inspected except as may be authorized by rules of the chief
administrator of the courts; and
  4.  Stenographic recording of the arraignment shall be made to the
same extent as if it were an ordinary arraignment rather than an
electronic arraignment.
* NB Expired September 1, 1983

* S 185.40  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
arraignments for a particular court and the precincts under the
jurisdiction of that court.  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 arraignments as intended.
  3.  The use by a court of an approved independent audio-visual system
for the purpose of authorized electronic arraignments, shall be for a
period of two years from the date of authorization by the chief
administrator of the courts.
  4.  The chief administrator of the courts may withdraw approval of the
authorization at any time.
* NB Expired September 1, 1983

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