New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1039 - Miscellaneous Rules › Section 1039.3 - Notification of right to appeal to defendants appearing pro se

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Upon conviction or denial of a motion under section
						  440.10 or
						  440.20 of the Criminal Procedure Law, the
						  trial court shall advise a defendant appearing pro se of his right to appeal or
						  to apply for permission to appeal and of the right of a person unable to pay
						  the cost to apply for leave to appeal as a poor person. If the defendant
						  requests, the clerk shall forthwith prepare, file and serve a notice of appeal
						  on behalf of the defendant.
(b) Upon affirmance of a judgment of
						  conviction or an order denying a motion under section
						  440.10 or
						  440.20 of the Criminal Procedure Law, a
						  defendant appearing pro se shall be served with a copy of the order of
						  affirmance, with notice of entry, which has 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 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.
(c) Upon affirmance
						  of a judgment dismissing a writ of habeas corpus or an article 78 proceeding
						  affecting a criminal case, a relator or petitioner appearing pro se shall be
						  served with a copy of the order of affirmance, with notice of entry, which has
						  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 of 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.