N.Y. Comp. Codes R. & Regs. tit. 22 § 500.20

Current through Register Vol. 46, No. 43, October 23, 2024

Section 500.20 - Criminal leave applications

(a) Letter application. In addition to the submission in digital format required by subsection 500.20(e) of this Part, applications to the Chief Judge for leave to appeal in a criminal case (C PL 460.20) shall be by letter addressed to 20 Eagle Street, Albany, New York 12207, and shall be sent to the attention of the Clerk of the Court, with proof of service of one copy on the adverse party. The letter shall indicate:

(1) the names of all codefendants in the trial court, if any, and the status of their appeals, if known;

(2) that no application for the same relief has been addressed to a justice of the Appellate Division, as only one application is available;

(3) whether an oral hearing on the application, in person or by telephone conference call, is requested; and

(4) the grounds upon which leave to appeal is sought. Particular written attention shall be given to reviewability and preservation of error, identifying and reproducing the particular portions of the record where the questions sought to be reviewed are raised and preserved.

(b) Material to be provided with application.

(1) Orders of intermediate appellate courts determining appeals to those courts. An application for leave to appeal from an intermediate appellate court order determining an appeal taken to that court shall include:

(i) each brief submitted on defendant's behalf and the People's behalf to the intermediate appellate court in digital format only, unless a request to be relieved of the digital filing requirements is submitted pursuant to subsection 500.2(e) of this Part. If a request to be relieved of the digital filing requirements is submitted pursuant to subsection 500.2(e) of this Part, the application shall include one unbound copy of each brief submitted on defendant's and the People's behalf to the intermediate appellate court;

(ii) the order and decision of the intermediate appellate court sought to be appealed from;

(iii) all relevant opinions or memoranda of the courts below, along with any other papers to be relied on in furtherance of the application; and

(iv) if defendant is a corporation or other business entity, a disclosure statement pursuant to subsection 500.1(f) of this Part.

(2) Orders of intermediate appellate courts determining applications for writs of error coram nobis. An application for leave to appeal from an intermediate appellate court order determining an application for coram nobis relief shall include:

(i) the order and decision sought to be appealed from;

(ii) the papers in support of and opposing the application filed in the intermediate appellate court, as well as the briefs filed on the underlying appeal, if available, in digital format only, unless a request to be relieved of the digital filing requirements is submitted pursuant to subsection 500.2(e) of this Part. If a request to be relieved of the digital filing requirements is submitted pursuant to subsection 500.2(e) of this Part, the application shall include one unbound copy of the papers in support of and opposing the application filed in the intermediate appellate court, as well as the briefs filed on the underlying appeal, if available; and

(iii) the intermediate appellate court decision and order sought to be vacated.

(c) Assignment. The Chief Judge directs the assignment of each application to a Judge of the Court through the Clerk of the Court; counsel shall not apply directly to a Judge or request that an application be assigned to a particular Judge. The assigned Judge shall advise the parties if an oral hearing on the application will be entertained.

(d) Additional and Responding Submissions. After the application is assigned to a Judge for review, the applicant will be given an opportunity to serve and file additional submissions, if any, and the adverse party will be given an opportunity to respond. A reply is not permitted unless authorized by the assigned Judge. In addition to the submission in digital format required by subsection 500.20(e) of this Part, hard copy additional and responding submissions shall be addressed to 20 Eagle Street, Albany, New York 12207, and shall be sent to the attention of the assigned Judge, with proof of service of one copy on the adverse party.

(e) Companion submission in digital format.

(1) Unless a request to be relieved of the digital filing requirement is submitted pursuant to subsection 500.2(e) of this Part, the following materials are required to be submitted in digital format:

(i) subsection 500.20(a) letter application and subsection 500.20(b) material to be provided with the application;

(ii) subsection 500.20(d) additional and responding submissions; and

(iii) subsection 500.20(f) reargument or reconsideration requests.

(2) All material submitted under this section shall comply with the technical specifications and instructions for submission available from the Clerk's Office, be submitted within the time directed by the Clerk of the Court and be identical to the filed original printed materials except they need not contain original signatures.

(f) Reargument or reconsideration.

(1) In addition to the submission in digital format required by subsection 500.20(e) of this Part, requests for reargument or reconsideration shall be in letter form addressed to the Clerk of the Court, with proof of service on the adverse party, and shall be assigned to the Judge who ruled on the original application. Copies of the papers filed on the underlying leave application need not be filed. A request for reargument or reconsideration shall not be based on the assertion for the first time of new points, except for extraordinary and compelling reasons.

(2) Unless otherwise permitted by the assigned Judge, the reargument or reconsideration request shall be served not later than 30 days after the date of the certificate determining the application of which reargument or reconsideration is sought. Only one request for reargument or reconsideration per party of a specific criminal leave application is permitted.

(g) Counsel. This Court does not assign counsel for criminal leave applications. One set of motion papers addressed to this Court under section 500.21 of this Part for assignment of counsel on a criminal appeal may be filed, with proof of service of one copy on the adverse party, only after leave to appeal is granted.

(h) Stay requests. Whether prominently set forth at the beginning of a letter application for leave to appeal or made by separate letter with proof of service of one copy on the adverse party, an applicant seeking a stay (C PL 460.60; 530.50) should contact the Clerk's Office in advance of the filing and file the stay request as directed by the Clerk's Office. A stay request shall state:

(1) whether the relief sought has been previously requested;

(2) whether defendant is presently incarcerated and the incarceration status, if known, of any codefendants; and,

(3) if the defendant is at liberty:

(i) whether a surrender date has been set; and

(ii) the conditions of release (e.g., on defendant's own recognizance or on a set bail amount).

(i) Applications for extensions of time to seek leave to appeal. An application for an extension of time to seek leave to appeal (C PL 460.30) shall be by one set of motion papers in compliance with section 500.21 of this Part, with proof of service of one copy on the adverse party. The motion shall be accompanied by a copy of the order sought to be appealed. If the motion for an extension of time is granted and the motion is treated as a timely criminal leave application, the parties must comply with the submission in digital format requirements of subsection 500.20(e).

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.20

Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020