§ 182.20 — Electronic appearance rules

New York § 182.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title H: Preliminary Proceedings In Local Criminal Court
• Part 2: The Principal Proceedings
• Art. 182: Electronic Court Appearances

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* § 182.20 Electronic appearance rules.\n 1. Notwithstanding any contrary provision of this chapter or any other\nlaw, the court, in its discretion, may dispense with the physical\nappearance of any party, including that of the defendant or any witness,\nand proceed by means of an electronic appearance:\n (a) at a plea, sentence, or evidentiary hearing where the defendant,\nafter consultation with counsel or a legal advisor, if any, and the\nprosecutor consent on the record to conducting such proceeding by\nelectronic appearance;\n (b) at an arraignment where the defendant, after consultation with\ncounsel or a legal advisor, if any, and the prosecutor consent on the\nrecord to conducting such arraignment by electronic appearance, and\nwhere (i) the defendant is receiving treatment at a hospital or other\nhealth care facility at the time the arraignment is scheduled; (ii) the\ndefendant is being arraigned on a desk appearance ticket, a superseding\ninformation, a superseding indictment, or a superior court information\nwhen the defendant intends to enter any authorized guilty plea to such\nan accusatory instrument during the same court proceeding; (iii)\ntemporary exigent circumstances exist, such as an extreme weather event,\nwhich makes timely transporting of the defendant to court for an\narraignment unreasonably hazardous, provided that the court shall make a\nrecord of why an electronic appearance under this subparagraph is\nnecessary; or (iv) the defendant requests to be arraigned by an\nelectronic appearance, provided that whenever an electronic appearance\nis conducted at the defendant's request solely pursuant to this\nsubparagraph the only securing order which may be imposed shall be a\nrelease on recognizance; and\n (c) at all other types of proceedings, including calendar calls,\nconferences, and arguments but not including trials or grand jury\npresentments, provided that, in the event any party objects to\nconducting such proceeding by electronic appearance, the court shall\nallow any such party to be heard on the record and consider whether for\ngood cause shown the proceeding should not be conducted through an\nelectronic appearance.\n 2. Where consent to an electronic appearance is given pursuant to\nparagraph (a) or (b) of subdivision one of this section and the\nproceeding has commenced but the electronic appearance is subsequently\nterminated and the proceeding is adjourned pursuant to subdivision four\nor five of this section, such initial consent shall continue to govern\nthat proceeding, provided that such consent shall not modify the\nrequirement that the court terminate an electronic appearance and\nadjourn a proceeding for the reasons outlined in such subdivisions four\nand five of this section.\n 3. Any proceeding under this article shall provide an appropriate\nopportunity for any defense attorney to confidentially consult with\ntheir client or for a pro se defendant to confidentially consult with\ntheir legal advisor, if any, during the proceeding.\n 4. Where, due to technological problems or limitations, a party to an\nelectronic appearance can hear and be heard but cannot see and/or cannot\nbe seen, the court may conduct the proceeding notwithstanding such\nlimitation, unless a party objects, in which case the electronic\nappearance shall be terminated and adjourned. The authorization provided\nby this subdivision to conduct an appearance where a party can hear and\nbe heard but cannot see and/or cannot be seen shall not apply to an\narraignment, a plea, a sentence, the testimony of a witness or the\nappearance of a defendant who is incarcerated at the time of the\nproceeding.\n 5. If, for any reason other than the circumstances justifying a\ntermination and adjournment pursuant to subdivision four of this\nsection, a party requests that an electronic appearance be terminated\nand adjourned after it has commenced, the court shall grant that\napplication for good cause shown. Under this subdivision, good cause\nshall include, but not be limited to, a determination that due to\ntechnological problems: (a) the proceeding cannot be properly conducted;\n(b) an attorney does not have an adequate opportunity to confidentially\nconsult with a client; or (c) a pro se defendant does not have an\nadequate opportunity to confidentially consult with a legal advisor.\n 6. Electronic appearances shall be recorded by a stenographer to the\nsame extent as would be required were the appearance conducted with such\nindividuals physically present in court. No recording of an electronic\nappearance shall be made, viewed or inspected except as may be\nauthorized by the rules of the chief administrator of the courts\npursuant to section 182.30 of this article.\n 7. Where a defendant in a proceeding is under the age of eighteen an\nelectronic appearance shall not be conducted.\n 8. Nothing in this article shall be construed as limiting a court's\nauthority to excuse a defendant's appearance, either where they would be\nphysically present or appearing by electronic means, during a\nproceeding.\n 9. If a statute other than this article provides different rules for\nconducting an electronic appearance for any particular kind of\nproceeding, such other statute shall govern such proceeding and the\nprovisions of this article shall apply only to the extent this article\nis not inconsistent with such other statute.\n * NB Repealed September 1, 2028\n