N.Y. Criminal Procedure Law 182.30 – Electronic appearance; conditions and limitations
* § 182.30 Electronic appearance; conditions and limitations.
Terms Used In N.Y. Criminal Procedure Law 182.30
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Electronic appearance: means 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 defendant, or if the defendant waives the presence of counsel on the record, the defendant and his or her counsel are able to see and hear each other and engage in private conversation. See N.Y. Criminal Procedure Law 182.10
- 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.
The following conditions and limitations apply to all electronic appearances:
1. The defendant may not enter a plea of guilty to, or be sentenced upon a conviction of, a felony.
2. The defendant may not enter a plea of not responsible by reason of mental disease or defect.
3. The defendant may not be committed to the state department of mental hygiene pursuant to article seven hundred thirty of this chapter.
4. 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.
5. A defendant who has been convicted of a misdemeanor may not be sentenced to a period of incarceration which exceeds the time the defendant has already served when sentence is imposed.
* NB Repealed September 1, 2025