N.Y. Criminal Procedure Law 182.40 – Approval by the chief administrator of the courts
* § 182.40 Approval by the chief administrator of the courts.
Terms Used In N.Y. Criminal Procedure Law 182.40
- 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
- Independent audio-visual system: means an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. Criminal Procedure Law 182.10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. The appropriate administrative judge shall submit to the chief administrator of the courts a written proposal for the use of electronic appearance in his or her jurisdiction. If the chief administrator of the courts approves the proposal, installation of an independent audio-visual system may begin.
2. Upon completion of the installation of an independent audio-visual system, the commission on cable television shall inspect, test, and examine the independent audio-visual system and certify to the chief administrator of the courts whether the system complies with the definition of an independent audio-visual system and is technically suitable for the conducting of electronic appearances as intended.
3. The chief administrator of the courts shall issue rules governing the use of electronic appearances.
* NB Repealed September 1, 2025