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 821.2 - Notification of right to appeal or to apply for a certificate granting leave to appeal

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) After conviction or denial of
						  post-conviction or habeas corpus relief. Where there has been a conviction
						  after trial or otherwise, or where there has been an adverse decision upon an
						  application for a writ of habeas corpus or upon a motion made pursuant to
						  section 440.10 or section 440.20, Criminal Procedure Law, it shall be the duty
						  of counsel, retained or assigned, and of the public defender, immediately after
						  the pronouncement of sentence or the service of a copy of a judgment or order
						  disposing of an application for a writ of habeas corpus or a motion made
						  pursuant to section 440.10 or section 440.20, Criminal Procedure Law, to advise
						  the defendant in writing of his right to appeal or to apply for a certificate
						  granting leave to appeal pursuant to subdivision 4, section 460.10, Criminal
						  Procedure Law, the time limitations involved, the manner of instituting an
						  appeal and of obtaining a transcript of the testimony, and of the right of a
						  person who has an absolute right to appeal or has received a certificate
						  granting leave to appeal and is unable to pay the cost of an appeal to apply
						  for leave to appeal as a poor person. It shall also be the duty of such counsel
						  to ascertain whether defendant wishes to appeal or to apply for a certificate
						  granting leave to appeal and, if so, to serve and file the necessary notice of
						  appeal from a judgment of conviction or to apply for a certificate granting
						  leave to appeal from the denial of a motion made pursuant to section 440.10 or
						  section 440.20, Criminal Procedure Law, and, if granted, to file the necessary
						  certificate and notice of appeal within the time limitations provided for in
						  subdivision 4, section 460.10, Criminal Procedure Law.
(b) After affirmance of
						  conviction or of order or judgment denying post-conviction or habeas corpus
						  relief. Immediately after entry of an order affirming a judgment of conviction,
						  a judgment denying an application for a writ of habeas corpus, or an order
						  denying a motion made pursuant to section 440.10 or section 440.20, Criminal
						  Procedure Law, it shall be the duty of counsel retained or assigned, and of the
						  public defender, to advise defendant of his right to apply for permission to
						  appeal and of the additional right of a person who is unable to pay the cost of
						  a further appeal (in the event permission shall have been granted) to apply for
						  leave to prosecute such appeal as a poor person. It shall also be the duty of
						  such counsel to ascertain whether defendant wishes to apply for permission to
						  appeal and, if so, to make a timely application therefor. In the case of a
						  nonunanimous affirmance of a judgment dismissing a writ of habeas corpus, such
						  counsel shall also advise the relator of his absolute right to appeal without
						  permission if the dissent is on a stated question of law in his
						  favor.