The appointment of counsel to represent a person who does not have legal representation and who states that he is not financially able to obtain counsel, shall be made upon a finding of inability based either upon such person's affidavit or upon oral testimony in court under oath or by affirmation, or by such other proof as the court may direct.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 606.4