3.37 - IX. Electronic Appearances

• Jurisdiction: New York

IX. ELECTRONIC APPEARANCES

CPL § 182.20 specifies that 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, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clinton, Montgomery, Rensselaer, Warren, Westchester or Franklin counties, 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.⁵¹¹

An electronic appearance is defined as

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

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