N.Y. Comp. Codes R. & Regs. tit. 22 § 671.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 671.1 - Application

(a) This Part of the rules is applicable in criminal actions or proceedings and in proceedings involving post-judgment motions made pursuant to C PL 440.10 or 440.20, and in habeas corpus and CPLR article 78 proceedings arising out of criminal actions or proceedings or accusatory instruments, indictments or informations.

(b) Unless the context requires otherwise, any reference herein to the defendant means either the defendant in a criminal action or proceeding or the defendant, the petitioner or the relator in a proceeding instituted on motion made pursuant to C PL 440.10 or 440.20 or in a proceeding under CPLR article 78 or in a habeas corpus proceeding.

(c) Unless the context requires otherwise, any reference herein to counsel for the defendant means every attorney who represents the defendant (as herein defined), regardless of whether such attorney shall have been retained or whether he shall have been assigned by the court or whether he be the public defender.

(d) Unless the context requires otherwise, any reference herein to the People's counsel means either the district attorney or other prosecutor as defined in C PL 1.20, or, as the case may be, the Attorney General or the county attorney or any other attorney who may appear for the People or for any public official joined as a party in his official capacity.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 671.1