Section 182.20. Electronic appearance; general rule  


Latest version.
  • 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        * NB Repealed September 1, 2011