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, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
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* NB Repealed September 1, 2025