New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 821 - Duties Of Counsel In Criminal Actions And Habeas Corpus Proceedings › Section 821.3 - Notification to defendants who appear without counsel

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) After conviction or denial
						  of post-conviction relief. If a defendant has appeared pro se, the trial court
						  shall advise a defendant of his right to appeal from a judgment of conviction,
						  or of his right to apply for a certificate granting leave to appeal from an
						  order denying a motion made pursuant to section 440.10 or section 440.20,
						  Criminal Procedure Law. It shall also advise a defendant of the right of a
						  person unable to pay the cost of an appeal to apply for leave to appeal as a
						  poor person. If the defendant so requests, the clerk of the court shall prepare
						  and file and serve forthwith a notice of appeal on behalf of the defendant from
						  a judgment of conviction. If the defendant so requests in writing, within 30
						  days after service upon him of a copy of an order denying a motion made
						  pursuant to section 440.10 or section 440.20, Criminal Procedure Law, and no
						  previous application for a certificate granting leave to appeal has been made,
						  the clerk of the court shall serve a copy of such request upon the district
						  attorney and shall transmit the request and the original record of the
						  proceedings sought to be reviewed to the appellate court. Upon determination of
						  the application the original record of proceedings shall be returned to the
						  trial court together with a certified copy of the order entered upon the
						  application; a certified copy of the order shall also be sent to the defendant
						  at his address shown in the application.
(b) After affirmance on appeal.
(1) If on an appeal from a
						  judgment of conviction after trial or otherwise, or from an order denying a
						  motion made pursuant to section 440.10 or section 440.20, Criminal Procedure
						  Law, a defendant has appeared pro se and the judgment or order be affirmed, the
						  copy of the order of affirmance, with notice of entry, which is served on the
						  defendant shall have annexed or appended thereto the following notice:
NOTICE AS TO FURTHER APPEAL
Pursuant to section
							 460.20 of the Criminal Procedure Law,
							 defendant has the right to apply for leave to appeal to the Court of Appeals by
							 making application to the chief judge of that court by submitting such
							 application to the clerk of that court, or to a justice of the Appellate
							 Division of the Supreme Court of this department, as provided in section
							 800.26, Rules of Practice, Appellate Division Third Department within 30 days
							 after service of a copy of the order of affirmance with notice of entry.
Denial of the application for
							 permission to appeal by the judge or justice first applied to is final and no
							 new application may thereafter be made to any other judge or justice.
(2) If on an appeal
						  from a judgment dismission a writ of habeas corpus or from a judgment
						  dismissing a petition in an article 78 proceeding affecting a criminal case,
						  the relator or petitioner has appeared pro se, the copy of the order of
						  affirmance, with notice of entry, which is served on the relator or petitioner
						  shall have annexed or appended thereto the following notice:
NOTICE AS TO FURTHER APPEAL
If the affirmance by the Appellate
							 Division is by a unanimous court, an appeal may be taken to the Court of
							 Appeals only pursuant to section
							 5602 of the Civil Practice Law and Rules by
							 permission of the Appellate Division or by permission of the Court of Appeals
							 upon refusal of the Appellate Division to grant permission, or by direct
							 application to the Court of Appeals.
An application for permission to
							 appeal must be made within 30 days after service of a copy of the order of
							 affirmance with notice of entry.
If there is a dissent in the Appellate
							 Division or there is a modification of the judgment appealed from, relator or
							 petitioner may take an appeal to the Court of Appeals as a matter or right
							 pursuant to section
							 5601
							 (a) of the Civil Practice Law and Rules by
							 serving on the adverse party a notice of appeal within 30 days after service of
							 a copy of the order appealed from, with notice of entry, and filing the notice
							 of appeal in the office where the judgment or order of the original instance is
							 entered.