New York Laws
Article 65 - Use of Closed-Circuit Television for Certain Child Witnesses
65.10 - Closed-Circuit Television; General Rule; Declaration of Vulnerability.

vulnerability.

1. A child witness shall be declared vulnerable when the court, in
accordance with the provisions of section 65.20, determines by clear and
convincing evidence that it is likely that such child witness will
suffer serious mental or emotional harm if required to testify at a
criminal proceeding without the use of live, two-way closed-circuit
television and that the use of such live, two-way closed-circuit
television will diminish the likelihood or extent of, such harm.

2. When the court declares a child witness to be vulnerable, it shall,
except as provided in subdivision four of section 65.30, authorize the
taking of the testimony of the vulnerable child witness from the
testimonial room by means of live, two-way closed-circuit television.
Under no circumstances shall the provisions of this article be construed
to authorize a closed-circuit television system by which events in the
courtroom are not transmitted to the testimonial room during the
testimony of the vulnerable child witness.

3. Nothing herein shall be contrued to preclude the court from
exercising its power to close the courtroom or from exercising any
authority it otherwise may have to protect the well-being of a witness
and the rights of the defendant.

* NB Repealed September 1, 2025

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