N.Y. Comp. Codes R. & Regs. tit. 22 § 106.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 106.2 - Electronic appearance

(a) An electronic appearance shall consist of an appearance in which some of the participants, including the defendant, are not present in the court, but all of the participants are simultaneously visible and audible to one another by means of an independent audio-visual system.

(b) The independent audio-visual system must be approved by the Commission on Cable Television as technically suitable for the conducting of electronic appearances.

(c) A defendant may participate in an electronic appearance only upon his or her consent on the record after consultation with counsel.

(d) A defendant, on the record, may waive the presence of counsel at the place where the defendant is physically located, but the defendant and counsel must be able to see and hear each other and engage in private conversation.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 106.2