New York Criminal Procedure Law Code § 182.20

Electronic appearance rules
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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 su

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