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Section 180.65 – [Effective until 4/30/2021] Hearing upon felony complaint; emergency provision during disaster emergency

May 14, 2021 | Criminal Procedure, New York

During the period of the COVID-19 state disaster emergency, as declared pursuant to executive order number two hundred two of two thousand twenty and extensions thereof and article two-B of the executive law, the following additional provisions shall apply to the conduct of a hearing on a felony complaint pursuant to this article:

1. The appearance of any party and any witness at such hearing may be by electronic appearance through an independent audio-visual system, as such terms are defined in section 182.10 of this title, where the court finds upon its own motion after hearing from the parties and any such witness, either in person or by electronic appearance, that due to the person’s circumstances and such disaster emergency a personal appearance by such party or witness would be an unreasonable hardship to such person or witness or create an unreasonable health risk to the public, court staff or anyone else involved in the proceeding.
2. At any such hearing on the felony complaint, the judge must be able to hear and see the image of each witness clearly through the independent audio-visual system and such sound and visual image shall be similar to the sound and image the judge would hear and see if the witness were present together with the judge testifying in the courtroom. Documents, photographs and the like offered at the hearing may be exchanged among the parties by electronic means. A stenographic transcription or appropriate audio recording of the proceedings shall be maintained, and the live testimony received by electronic appearance, and other electronic appearances where practicable, shall be video recorded by the court, and a copy provided to the people and the defense.
3. The authority for an electronic appearance pursuant to this section shall be considered sufficient means to enable the court to conduct a hearing on a felony complaint within the meaning of section 180.80 of this article.

N.Y. Crim. Proc. Law ยง 180.65

Amended by New York Laws 2020, ch. 126,Sec. D-1, eff. 6/17/2020.
Added by New York Laws 2020, ch. 123,Sec. 1, eff. 7/17/2020, exp. 4/30/2021.