N.Y. Criminal Procedure Law 185.30 – Conditions and limitations on electronic arraignment
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* § 185.30 Conditions and limitations on electronic arraignment.
Terms Used In N.Y. Criminal Procedure Law 185.30
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Electronic arraignment: means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system. See N.Y. Criminal Procedure Law 185.10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Whenever a person is arraigned by means of an electronic arraignment, the following conditions and limitations shall apply:
1. The defendant may not enter a plea of guilty;
2. The electronic arraignment process may be used only when the accusatory instrument does not charge a felony;
3. No electronic recording of an electronic arraignment may be made, viewed or inspected except as may be authorized by rules of the chief administrator of the courts; and
4. Stenographic recording of the arraignment shall be made to the same extent as if it were an ordinary arraignment rather than an electronic arraignment. * NB Expired September 1, 1983