Hearing upon felony complaint; emergency provision during During the period of the COVID-19 state disaster emergency, as declared pursuan...

* § 180.65 Hearing upon felony complaint; emergency provision during

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.

* NB Repealed April 30, 2021