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 A - Rules of Practice › Part 1000 - Rules Of Practice › Section 1000.11 - Additional rules relating to criminal appeals

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a)
Poor person relief and assigned
						  counsel; continuation of eligibility for assigned counsel on appeal.
Relief pursuant to section
							 1250.11(a)(1) of
							 this Title is contingent upon receipt of a properly filed and served notice of
							 appeal and a copy of the order granting a defendant's application pursuant to C
							 PL 380.55.
(b)
Application for withdrawal of assigned appellate counsel.
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 section
							 1250.11(f)(2) of
							 this Title (see
People v Crawford
, 71 AD2d 38). 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, together with the motion, must be
							 served upon the defendant at least 45 days before the return date of the
							 motion. Together with the original motion papers and brief, counsel shall
							 submit the papers that would constitute the record on appeal. Counsel shall
							 also submit a copy of a letter to the defendant advising that he or she may
							 elect to file a
pro se
response to the motion and/or a
pro se
supplemental brief. A defendant wishing to file a
pro se
response to such a motion and/or a
pro
							 se
supplemental brief shall file the original response and/or brief,
							 together with proof of service of one copy on assigned counsel and one copy on
							 the people, by 4:00 p.m. on the business day preceding the day on which the
							 motion is returnable, unless, for good cause shown, they are permitted to be
							 filed at a later time. Any request for an extension to file such a response
							 and/or
pro se
supplemental brief must be made by motion and
							 supported by an affidavit demonstrating with particularity a reasonable excuse
							 for the delay and an intent to file and serve the response and/or brief within
							 a reasonable time (see section
							 1250.4[a][5] of
							 this Title).
(c)
Pro
						  se supplemental briefs where counsel does not seek to withdraw.
When assigned counsel does not move to be relieved as
							 counsel and defendant has filed a
pro se
supplemental brief
							 pursuant to section
							 1250.11(g)(2) of
							 this Title, the people may file and serve an original and five copies of a
							 responding brief, with proof of service of one copy on the defendant and
							 assigned counsel, no later than 45 days after defendant has served the
pro se
supplemental brief.