New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.3 - Additional duties of defendant's counsel in the trial court

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Upon conviction in the
						  trial court or upon denial in that court of a motion made pursuant to C PL
						  440.10 or 440.20 or the denial or dismissal of an application in a habeas
						  corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for
						  the defendant, immediately after the pronouncement of sentence or after service
						  upon him of a copy of the order denying the motion or of the order or judgment
						  denying or dismissing the application, to give, either by mail or personally,
						  written notice to his client advising him of his right to appeal or to make
						  application for permission to appeal or for a certificate granting leave to
						  appeal pursuant to C PL 460.10 (subdivision 4); and requesting his written
						  instructions as to whether he desires to take an appeal or make such
						  application. Thereafter, if the client gives to counsel timely written notice
						  of his desire to appeal or to make such application, counsel shall promptly
						  serve and file the necessary formal notice of appeal or application to the
						  appropriate appellate court. If the application be granted, then, within the
						  time limitations and in the manner provided in C PL 460.10 (subdivision 4),
						  counsel shall also file the order or certificate granting leave to appeal
						  together with a written notice of appeal. Unless counsel shall have been
						  retained to prosecute the appeal, the notice of appeal in every case shall
						  contain the additional statement that it is being served and filed on
						  appellant's behalf pursuant to this rule and that it shall not be deemed to be
						  counsel's appearance as appellant's attorney upon the appeal.
(b) In counsel's written
						  notice to his client advising him of the right to appeal or to make application
						  for permission to appeal or for a certificate granting leave to appeal, counsel
						  shall also set forth:
(1) the
						  applicable time limitations with respect to the making of the application for
						  permission to appeal or for a certificate granting leave to appeal and the
						  prosecution of the appeal;
(2) the manner of instituting the
						  appeal and, if a trial or hearing was held and stenographic minutes taken, the
						  manner of obtaining a typewritten transcript of such minutes; and
(3) the appellant's right,
						  upon proof of his financial inability to retain counsel and to pay the costs
						  and expenses of the appeal, to make application to the appellate court for the
						  following relief: for the assignment of counsel to prosecute the appeal; for
						  leave to prosecute the appeal as a poor person and to dispense with printing;
						  and if stenographic minutes were taken, for a direction to the clerk and the
						  stenographer of the trial court that a typewritten transcript of such minutes
						  be furnished without charge to the appellant's assigned counsel or, if
						  appellant prosecutes the appeal pro se, to appellant.
(4) In such notice counsel
						  shall also request the written instructions of his client, and if the client
						  thereafter gives counsel timely written notice of his desire to make
						  application for permission to appeal or for a certificate granting leave to
						  appeal or to apply for the relief provided in paragraph (3) of this
						  subdivision, or to make any one or all of these applications, counsel shall
						  proceed promptly to do so.