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 1015 - Attorneys › Section 1015.7 - Duties of criminal defense counsel

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) Counsel assigned to or retained for the
						  defendant in a criminal action or proceeding shall represent the defendant
						  until the matter has been terminated in the trial court. Where there has been a
						  conviction or an adverse decision on an application for a writ of
habeas corpus
, or on a motion under section
						  440.10 or
						  440.20 of the Criminal Procedure Law,
						  immediately after the pronouncement of sentence or the service of a copy of the
						  order disposing of such application or motion, counsel shall advise the
						  defendant in writing of the right to appeal or to apply for permission to
						  appeal, the time limitations involved, the manner of instituting an appeal or
						  applying for permission and of obtaining a transcript of the testimony, and of
						  the right of the person who is unable to pay the cost of an appeal to apply for
						  leave to appeal as a poor person. Such counsel shall also ascertain whether
						  defendant wishes to appeal or to apply for permission to appeal and, if so,
						  counsel shall serve the necessary notice of appeal or application for
						  permission, file the necessary notice of appeal or application for permission
						  with proof of service on or an admission of service by the opposing party and,
						  when appropriate, move for permission to proceed as a poor person and
						  assignment of counsel on the appeal, pursuant to sections 1000.14 and
						  1250.4 of this Title.
(b) Counsel assigned to prosecute an appeal
						  on behalf of an indigent defendant shall prosecute the appeal until entry of
						  the order of the appellate court determining the appeal. Immediately upon entry
						  of an order affirming the judgment of conviction or the order denying an
						  application for a writ of
habeas corpus
or a motion under
						  section
						  440.10 or
						  440.20 of the Criminal Procedure Law,
						  counsel, assigned or retained, shall advise the defendant in writing of the
						  right to apply for permission to appeal and of the right of a person who is
						  unable to pay the cost of a further appeal (in the event that permission is
						  granted) to apply for leave to appeal as a poor person. Counsel shall ascertain
						  whether defendant wished to apply for permission to appeal and, if so, make
						  timely application therefor. In a
habeas corpus
proceeding,
						  where the order of the Appellate Division is appealable to the Court of Appeals
						  pursuant to CPLR 5601, counsel shall advise the relator of the absolute right
						  to appeal without permission.
(c)
						  On or before the date of filing appellant's brief, assigned counsel shall mail
						  a copy of the brief to the appellant's last known address and advise the clerk
						  in writing of the date of mailing.
(d) When counsel who has been assigned to
						  perfect an appeal on behalf of an indigent defendant determines, after
						  conferring with the defendant and trial counsel, that the appeal is frivolous,
						  counsel may move to be relieved of the assignment pursuant to sections
						  1000.11(b)  and
						  1250.11(f) of
						  this Title. The motion must be accompanied by a brief in which counsel states
						  all points that may arguably provide a basis for appeal, with references to the
						  record and citation of legal authorities. A copy of the brief must be supplied
						  to the defendant at least 30 days before the return date of the motion (see,
People v. Crawford
, 71 AD2d 38). Together with the motion
						  papers and brief, counsel shall submit the papers that would constitute the
						  record on appeal. If the brief is mailed to the defendant, it shall be mailed
						  to the defendant's last known address.