N.Y. Criminal Procedure Law 182.20 – Electronic appearance; general rule
* § 182.20 Electronic appearance; general rule.
Terms Used In N.Y. Criminal Procedure Law 182.20
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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. See N.Y. Criminal Procedure Law 182.10
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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, Jefferson, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence, Seneca, Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex, Montgomery, Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkimer, Franklin, Chemung, Schuyler, or Yates 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, 2025