N.Y. Comp. Codes R. & Regs. tit. 22 § 821.2

Current through Register Vol. 46, No. 15, April 10, 2024

Section 821.2 - Notification of right to appeal or to apply for a certificate granting leave to appeal

(a) After conviction or denial of post-conviction or habeas corpus relief. Where there has been a conviction after trial or otherwise, or where there has been an adverse decision upon an application for a writ of habeas corpus or upon a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, it shall be the duty of counsel, retained or assigned, and of the public defender, immediately after the pronouncement of sentence or the service of a copy of a judgment or order disposing of an application for a writ of habeas corpus or a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, to advise the defendant in writing of his right to appeal or to apply for a certificate granting leave to appeal pursuant to subdivision 4, section 460.10, Criminal Procedure Law, the time limitations involved, the manner of instituting an appeal and of obtaining a transcript of the testimony, and of the right of a person who has an absolute right to appeal or has received a certificate granting leave to appeal and is unable to pay the cost of an appeal to apply for leave to appeal as a poor person. It shall also be the duty of such counsel to ascertain whether defendant wishes to appeal or to apply for a certificate granting leave to appeal and, if so, to serve and file the necessary notice of appeal from a judgment of conviction or to apply for a certificate granting leave to appeal from the denial of a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, and, if granted, to file the necessary certificate and notice of appeal within the time limitations provided for in subdivision 4, section 460.10, Criminal Procedure Law.

(b) After affirmance of conviction or of order or judgment denying post-conviction or habeas corpus relief. Immediately after entry of an order affirming a judgment of conviction, a judgment denying an application for a writ of habeas corpus, or an order denying a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, it shall be the duty of counsel retained or assigned, and of the public defender, to advise defendant of his right to apply for permission to appeal and of the additional right of a person who is unable to pay the cost of a further appeal (in the event permission shall have been granted) to apply for leave to prosecute such appeal as a poor person. It shall also be the duty of such counsel to ascertain whether defendant wishes to apply for permission to appeal and, if so, to make a timely application therefor. In the case of a nonunanimous affirmance of a judgment dismissing a writ of habeas corpus, such counsel shall also advise the relator of his absolute right to appeal without permission if the dissent is on a stated question of law in his favor.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 821.2