N.Y. Comp. Codes R. & Regs. tit. 22 § 1015.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1015.7 - Duties of criminal defense counsel

(a) Counsel assigned to or retained for the defendant in a criminal action or proceeding shall represent the defendant until the matter has been terminated in the trial court. Where there has been a conviction or an adverse decision on an application for a writ of habeas corpus, or on a motion under section 440.10 or 440.20 of the Criminal Procedure Law, immediately after the pronouncement of sentence or the service of a copy of the order disposing of such application or motion, counsel shall advise the defendant in writing of the right to appeal or to apply for permission to appeal, the time limitations involved, the manner of instituting an appeal or applying for permission and of obtaining a transcript of the testimony, and of the right of the person who is unable to pay the cost of an appeal to apply for leave to appeal as a poor person. Such counsel shall also ascertain whether defendant wishes to appeal or to apply for permission to appeal and, if so, counsel shall serve the necessary notice of appeal or application for permission, file the necessary notice of appeal or application for permission with proof of service on or an admission of service by the opposing party and, when appropriate, move for permission to proceed as a poor person and assignment of counsel on the appeal, pursuant to sections 1000.14 and 1250.4 of this Title.

(b) Counsel assigned to prosecute an appeal on behalf of an indigent defendant shall prosecute the appeal until entry of the order of the appellate court determining the appeal. Immediately upon entry of an order affirming the judgment of conviction or the order denying an application for a writ of habeas corpus or a motion under section 440.10 or 440.20 of the Criminal Procedure Law, counsel, assigned or retained, shall advise the defendant in writing of the right to apply for permission to appeal and of the right of a person who is unable to pay the cost of a further appeal (in the event that permission is granted) to apply for leave to appeal as a poor person. Counsel shall ascertain whether defendant wished to apply for permission to appeal and, if so, make timely application therefor. In a habeas corpus proceeding, where the order of the Appellate Division is appealable to the Court of Appeals pursuant to CPLR 5601, counsel shall advise the relator of the absolute right to appeal without permission.

(c) On or before the date of filing appellant's brief, assigned counsel shall mail a copy of the brief to the appellant's last known address and advise the clerk in writing of the date of mailing.

(d) When counsel who has been assigned to perfect an appeal on behalf of an indigent defendant determines, after conferring with the defendant and trial counsel, that the appeal is frivolous, counsel may move to be relieved of the assignment pursuant to sections 1000.11(b) and 1250.11(f) of this Title. The motion must be accompanied by a brief in which counsel states all points that may arguably provide a basis for appeal, with references to the record and citation of legal authorities. A copy of the brief must be supplied to the defendant at least 30 days before the return date of the motion (see, People v. Crawford, 71 AD2d 38). Together with the motion papers and brief, counsel shall submit the papers that would constitute the record on appeal. If the brief is mailed to the defendant, it shall be mailed to the defendant's last known address.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1015.7