N.Y. Criminal Procedure Law § 182.20: Electronic appearance rules

* § 182.20 Electronic appearance rules.

1. Notwithstanding any contrary provision of this chapter or any other

law, the court, in its discretion, may dispense with the physical

appearance of any party, including that of the defendant or any witness,

and proceed by means of an electronic appearance:

(a) at a plea, sentence, or evidentiary hearing where the defendant,

after consultation with counsel or a legal advisor, if any, and the

prosecutor consent on the record to conducting such proceeding by

electronic appearance;

(b) at an arraignment where the defendant, after consultation with

counsel or a legal advisor, if any, and the prosecutor consent on the

record to conducting such arraignment by electronic appearance, and

where (i) the defendant is receiving treatment at a hospital or other

health care facility at the time the arraignment is scheduled; (ii) the

defendant is being arraigned on a desk appearance ticket, a superseding

information, a superseding indictment, or a superior court information

when the defendant intends to enter any authorized guilty plea to such

an accusatory instrument during the same court proceeding; (iii)

temporary exigent circumstances exist, such as an extreme weather event,

which makes timely transporting of the defendant to court for an

arraignment unreasonably hazardous, provided that the court shall make a

record of why an electronic appearance under this subparagraph is

necessary; or (iv) the defendant requests to be arraigned by an

electronic appearance, provided that whenever an electronic appearance

is conducted at the defendant's request solely pursuant to this

subparagraph the only securing order which may be imposed shall be a

release on recognizance; and

(c) at all other types of proceedings, including calendar calls,

conferences, and arguments but not including trials or grand jury

presentments, provided that, in the event any party objects to

conducting such proceeding by electronic appearance, the court shall

allow any such party to be heard on the record and consider whether for

good cause shown the proceeding should not be conducted through an

electronic appearance.

2. Where consent to an electronic appearance is given pursuant to

paragraph (a) or (b) of subdivision one of this section and the

proceeding has commenced but the electronic appearance is subsequently

terminated and the proceeding is adjourned pursuant to subdivision four

or five of this section, such initial consent shall continue to govern

that proceeding, provided that such consent shall not modify the

requirement that the court terminate an electronic appearance and

adjourn a proceeding for the reasons outlined in such subdivisions four

and five of this section.

3. Any proceeding under this article shall provide an appropriate

opportunity for any defense attorney to confidentially consult with

their client or for a pro se defendant to confidentially consult with

their legal advisor, if any, during the proceeding.

4. Where, due to technological problems or limitations, a party to an

electronic appearance can hear and be heard but cannot see and/or cannot

be seen, the court may conduct the proceeding notwithstanding such

limitation, unless a party objects, in which case the electronic

appearance shall be terminated and adjourned. The authorization provided

by this subdivision to conduct an appearance where a party can hear and

be heard but cannot see and/or cannot be seen shall not apply to an

arraignment, a plea, a sentence, the testimony of a witness or the

appearance of a defendant who is incarcerated at the time of the

proceeding.

5. If, for any reason other than the circumstances justifying a

termination and adjournment pursuant to subdivision four of this

section, a party requests that an electronic appearance be terminated

and adjourned after it has commenced, the court shall grant that

application for good cause shown. Under this subdivision, good cause

shall include, but not be limited to, a determination that due to

technological problems: (a) the proceeding cannot be properly conducted;

(b) an attorney does not have an adequate opportunity to confidentially

consult with a client; or (c) a pro se defendant does not have an

adequate opportunity to confidentially consult with a legal advisor.

6. Electronic appearances shall be recorded by a stenographer to the

same extent as would be required were the appearance conducted with such

individuals physically present in court. No recording of an electronic

appearance shall be made, viewed or inspected except as may be

authorized by the rules of the chief administrator of the courts

pursuant to section 182.30 of this article.

7. Where a defendant in a proceeding is under the age of eighteen an

electronic appearance shall not be conducted.

8. Nothing in this article shall be construed as limiting a court's

authority to excuse a defendant's appearance, either where they would be

physically present or appearing by electronic means, during a

proceeding.

9. If a statute other than this article provides different rules for

conducting an electronic appearance for any particular kind of

proceeding, such other statute shall govern such proceeding and the

provisions of this article shall apply only to the extent this article

is not inconsistent with such other statute.

* NB Repealed September 1, 2028