Closed-circuit television; general rule; declaration of vulnerability

Criminal Procedure

Section: 65.10

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 65.10

* § 65.10 Closed-circuit television; general rule; declaration of\n vulnerability.\n 1. A child witness shall be declared vulnerable when the court, in\naccordance with the provisions of section 65.20, determines by clear and\nconvincing evidence that it is likely that such child witness will\nsuffer serious mental or emotional harm if required to testify at a\ncriminal proceeding without the use of live, two-way closed-circuit\ntelevision and that the use of such live, two-way closed-circuit\ntelevision will diminish the likelihood or extent of, such harm.\n 2. When the court declares a child witness to be vulnerable, it shall,\nexcept as provided in subdivision four of section 65.30, authorize the\ntaking of the testimony of the vulnerable child witness from the\ntestimonial room by means of live, two-way closed-circuit television.\nUnder no circumstances shall the provisions of this article be construed\nto authorize a closed-circuit television system by which events in the\ncourtroom are not transmitted to the testimonial room during the\ntestimony of the vulnerable child witness.\n 3. Nothing herein shall be contrued to preclude the court from\nexercising its power to close the courtroom or from exercising any\nauthority it otherwise may have to protect the well-being of a witness\nand the rights of the defendant.\n * NB Repealed September 1, 2027\n

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