N.Y. Comp. Codes R. & Regs. tit. 22 § 200.40

Current through Register Vol. 46, No. 45, November 2, 2024

Section 200.40 - Obligation of the court to advise of right to counsel on people's appeal

(a) When a criminal court issues an order suppressing evidence, dismissing an accusatory instrument, setting aside a verdict or sentence, vacating a judgment or denying a motion made pursuant to CPL section 440.40, where such order may be appealed as of right by the people pursuant to CPL section 450.20, the court promptly shall advise the defendant, on the record or in writing:

(1) that the people have the right to take an appeal;

(2) that the defendant has the right to retain counsel to represent him or her on the appeal or to respond to the appeal pro se;

(3) if the defendant can show no financial ability to pay for the cost of counsel on appeal, the defendant may make application to the appellate court for assignment of counsel to respond to the appeal; and

(4) that the defendant must provide the court and the defendant's trial counsel with an address where he or she can be contacted should the people appeal the order of the criminal court.

(b) In addition to the circumstances set forth in subdivision (a) of this section, where a court imposes a sentence, and where the people have indicated to the sentencing court their belief that the sentence is invalid as a matter of law and may be appealed by them on that ground, the court, upon imposing the sentence, shall advise the defendant of the rights enumerated in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.40