N.Y. Comp. Codes R. & Regs. tit. 22 § 510.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 510.2 - Duties of trial-level capital defense counsel

(a) Where a capital trial results in a judgment including a sentence of death, capital defense counsel shall timely take an appeal. C PL 470.30(2) provides that a defendant sentenced to death may not waive review pursuant to C PL 450.70(1) of the judgment and sentence.

(b) Immediately after being served with an adverse order disposing of a capital matter appealable pursuant to C PL 450.70(2), (3), or (4) or C PL 460.40(3), capital defense counsel shall advise the defendant in writing of the right to appeal. Counsel shall ascertain whether the defendant wishes to appeal and, if so, shall timely take the appeal.

(c) In all instances, capital defense counsel shall advise the defendant in writing of the time limitations for taking an appeal, the manner of taking an appeal and of obtaining a transcript of the testimony, and the right of a defendant unable to pay the cost of an appeal to apply for permission to appeal as a poor person. Capital defense counsel shall also comply with section 510.7(a) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.2