N.Y. Comp. Codes R. & Regs. tit. 22 § 1039.3

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

Section 1039.3 - Notification of right to appeal to defendants appearing pro se

(a) Upon conviction or denial of a motion under section 440.10 or 440.20 of the Criminal Procedure Law, the trial court shall advise a defendant appearing pro se of his right to appeal or to apply for permission to appeal and of the right of a person unable to pay the cost to apply for leave to appeal as a poor person. If the defendant requests, the clerk shall forthwith prepare, file and serve a notice of appeal on behalf of the defendant.

(b) Upon affirmance of a judgment of conviction or an order denying a motion under section 440.10 or 440.20 of the Criminal Procedure Law, a defendant appearing pro se shall be served with a copy of the order of affirmance, with notice of entry, which has 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 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.

(c) Upon affirmance of a judgment dismissing a writ of habeas corpus or an article 78 proceeding affecting a criminal case, a relator or petitioner appearing pro se shall be served with a copy of the order of affirmance, with notice of entry, which has 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 of 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 § 1039.3