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| PART 106.
Electronic Court Appearances |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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106.01 Authorization
106.02 Electronic appearance
106.03 Termination
106.04 Conditions and limitations
106.05 Record
106.06 to 106.07 [Repealed] |
| Section
106.01 Authorization.
In such counties authorized by law, a court exercising criminal
jurisdiction may, except at a hearing or trial, dispense with
the personal appearance of the defendant and conduct an electronic
appearance in connection with a criminal action.
Historical Note
Sec. added by renum. 5.1, filed Feb. 2, 1982; repealed, new
filed Dec. 6, 1993; amd. filed Jan. 29, 1999 eff. Jan. 27,
1999. |
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| Section
106.02 Electronic appearance.
(a) An electronic appearance
shall consist of an appearance in which some of the participants,
including the defendant, are not present in the court, but
all of the participants are simultaneously visible and audible
to one another by means of an independent audio-visual system.
(b) The independent audio-visual system must be approved
by the Commission on Cable Television as technically suitable
for the conducting of electronic appearances.
(c) A defendant may participate in an electronic appearance
only upon his or her consent on the record after consultation
with counsel.
(d) A defendant, on the record, may waive the presence of
counsel at the place where the defendant is physically located,
but the defendant and counsel must be able to see and hear
each other and engage in private conversation.
Historical Note
Sec. added by renum. 5.2, filed Feb.
2, 1982; repealed, new filed Dec. 6, 1993 eff. Nov. 18, 1993. |
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| Section
106.03 Termination.
If the court determines on its
own or on motion of any party that, for any reason, the conduct
of the electronic appearance may impair the legal rights of
the defendant, it shall not permit the electronic appearance
to proceed. If either party requests at any time, for any
articulated reason, that the electronic appearance be terminated,
the court shall grant the request and adjourn the proceeding
to a date certain. On the adjourned date, the court, if practicable,
shall begin the proceeding from the point at which the request
to terminate the electronic appearance had been granted.
Historical Note
Sec. added by renum. 5.3, filed Feb. 2, 1982; repealed, new
filed Dec. 6, 1993 eff. Nov. 18, 1993. |
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| Section
106.04 Conditions and limitations.
The following conditions
and limitations shall apply to all electronic appearances:
(a) The defendant may not enter a plea of guilty to, or
be sentenced upon a conviction of, a felony.
(b) The defendant may not enter a plea of not responsible
by reason of mental disease or defect.
(c) The defendant may not be committed to the State Department
of Mental Hygiene pursuant to article 730 of the Criminal
Procedure Law.
(d) The defendant may not enter a plea of guilty to a misdemeanor
conditioned upon a promise of incarceration unless such incarceration
will be imposed only in the event that the defendant fails
to comply with a term or condition imposed under the original
sentence.
(e) A defendant who has been convicted of a misdemeanor
may not be sentenced to a period of incarceration that exceeds
the time the defendant has already served when sentence is
imposed.
Historical Note
Sec. added by renum. 5.4, filed Feb.
2, 1982; repealed, new filed Dec. 6, 1993 eff. Nov. 18, 1993.
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| Section
106.05 Record.
(a) An electronic recording may be made of the electronic
appearance, but this recording must remain within the custody
of the clerk of the court that conducted the proceeding. No
electronic recording may be released, duplicated, viewed or
inspected without the permission, in writing, of the administrative
judge for the court that conducted the proceeding.
(b) Stenographic recording of the electronic appearance
shall be made, and shall be made available for inspection
or copying, to the same extent and in the same manner as if
it were an ordinary appearance rather than an electronic appearance.
Historical Note
Sec. added by renum. 5.5, filed Feb. 2, 1982; repealed, new
filed Dec. 6, 1993 eff. Nov. 18, 1993. |
|
| Section
106.06 to 106.07 [Repealed]
Historical
Note
Secs. added by renum. 5.6-5.7, filed Feb. 2, 1982; repealed,
filed Dec. 6, 1993 eff. Nov. 18, 1993.
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