Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 22 - JUDICIARYSubtitle B - CourtsChapter IV - Supreme CourtSubchapter C - Third Judicial DepartmentArticle 1 - Appellate DivisionSubarticle C - Special Rules
Part 821 - Duties Of Counsel In Criminal Actions And Habeas Corpus Proceedings
Section 821.3 - Notification to defendants who appear without counsel

N.Y. Comp. Codes R. & Regs. tit. 22 § 821.3

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Current through Register Vol. 46, No. 15, April 10, 2024
Section 821.3 - Notification to defendants who appear without counsel
(a) After conviction or denial of post-conviction relief. If a defendant has appeared pro se, the trial court shall advise a defendant of his right to appeal from a judgment of conviction, or of his right to apply for a certificate granting leave to appeal from an order denying a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law. It shall also advise a defendant of the right of a person unable to pay the cost of an appeal to apply for leave to appeal as a poor person. If the defendant so requests, the clerk of the court shall prepare and file and serve forthwith a notice of appeal on behalf of the defendant from a judgment of conviction. If the defendant so requests in writing, within 30 days after service upon him of a copy of an order denying a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, and no previous application for a certificate granting leave to appeal has been made, the clerk of the court shall serve a copy of such request upon the district attorney and shall transmit the request and the original record of the proceedings sought to be reviewed to the appellate court. Upon determination of the application the original record of proceedings shall be returned to the trial court together with a certified copy of the order entered upon the application; a certified copy of the order shall also be sent to the defendant at his address shown in the application.
(b) After affirmance on appeal.
(1) If on an appeal from a judgment of conviction after trial or otherwise, or from an order denying a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, a defendant has appeared pro se and the judgment or order be affirmed, the copy of the order of affirmance, with notice of entry, which is served on the defendant shall have annexed or appended thereto the following notice:

NOTICE AS TO FURTHER APPEAL

Pursuant to section 460.20 of the Criminal Procedure Law, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the chief judge of that court by submitting such application to the clerk of that court, or to a justice of the Appellate Division of the Supreme Court of this department, as provided in section 800.26, Rules of Practice, Appellate Division Third Department within 30 days after service of a copy of the order of affirmance with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.

(2) If on an appeal from a judgment dismission a writ of habeas corpus or from a judgment dismissing a petition in an article 78 proceeding affecting a criminal case, the relator or petitioner has appeared pro se, the copy of the order of affirmance, with notice of entry, which is served on the relator or petitioner shall have annexed or appended thereto the following notice:

NOTICE AS TO FURTHER APPEAL

If the affirmance by the Appellate Division is by a unanimous court, an appeal may be taken to the Court of Appeals only pursuant to section 5602 of the Civil Practice Law and Rules by permission of the Appellate Division or by permission of the Court of Appeals upon refusal of the Appellate Division to grant permission, or by direct application to the Court of Appeals.

An application for permission to appeal must be made within 30 days after service of a copy of the order of affirmance with notice of entry.

If there is a dissent in the Appellate Division or there is a modification of the judgment appealed from, relator or petitioner may take an appeal to the Court of Appeals as a matter or right pursuant to section 5601(a) of the Civil Practice Law and Rules by serving on the adverse party a notice of appeal within 30 days after service of a copy of the order appealed from, with notice of entry, and filing the notice of appeal in the office where the judgment or order of the original instance is entered.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 821.3