N.Y. Comp. Codes R. & Regs. tit. 22 § 510.7

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

Section 510.7 - Poor person relief; assignment of counsel

The following procedures shall apply in all capital appeals except those appeals taken pursuant to C PL 460.40(3) from an order of a superior court granting or denying a motion for a stay of execution.

(a) Where sought, trial counsel shall move, pursuant to section 510.12 of this Part, for assignment of appellate counsel or other items of poor person relief within 10 days after the filing of the notice of appeal. The motion papers shall include an affidavit setting forth the information required by CPLR 1101(a). On an appeal in a case in which Judiciary Law, section 35-b provides for the assignment of appellate counsel, trial counsel's affidavit shall also state whether counsel is requesting to be considered for assignment as counsel on the appeal.

(b) Where the appeal is taken from a judgment including a sentence of death pursuant to C PL 450.70(1), assigned counsel may move at any time pursuant to section 510.12 of this Part for assignment of associate counsel for good cause shown.

(c) Assignment of counsel shall proceed in compliance with any applicable Court of Appeals directives on the matter.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.7