New York Consolidated Laws, Criminal Procedure Law - CPL § 65.10 Closed-circuit television;  general rule;  declaration of vulnerability

<[Expires and deemed repealed Sept. 1, 2019, pursuant to L.1985, c. 505, § 5]>

1. A child witness shall be declared vulnerable when the court, in accordance with the provisions of section 65.20 , determines by clear and convincing evidence that it is likely that such child witness will suffer serious mental or emotional harm if required to testify at a criminal proceeding without the use of live, two-way closed-circuit television and that the use of such live, two-way closed-circuit television will diminish the likelihood or extent of, such harm.

2. When the court declares a child witness to be vulnerable, it shall, except as provided in subdivision four of section 65.30 , authorize the taking of the testimony of the vulnerable child witness from the testimonial room by means of live, two-way closed-circuit television.  Under no circumstances shall the provisions of this article be construed to authorize a closed-circuit television system by which events in the courtroom are not transmitted to the testimonial room during the testimony of the vulnerable child witness.

3. Nothing herein shall be contrued  1 to preclude the court from exercising its power to close the courtroom or from exercising any authority it otherwise may have to protect the well-being of a witness and the rights of the defendant.

1 So in original.  Probably should be “construed”.

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