N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.40 - Obligation of the court to advise of right to counsel on people's appeal
(a)
When a criminal court issues an order suppressing evidence, dismissing an
accusatory instrument, setting aside a verdict or sentence, vacating a judgment
or denying a motion made pursuant to CPL section 440.40, where such order may
be appealed as of right by the people pursuant to CPL section 450.20, the court
promptly shall advise the defendant, on the record or in writing:
(1) that the people have the
right to take an appeal;
(2) that the defendant has the right to
retain counsel to represent him or her on the appeal or to respond to the
appeal pro se;
(3) if
the defendant can show no financial ability to pay for the cost of counsel on
appeal, the defendant may make application to the appellate court for
assignment of counsel to respond to the appeal; and
(4) that the defendant must
provide the court and the defendant's trial counsel with an address where he or
she can be contacted should the people appeal the order of the criminal
court.
(b)
In addition to the circumstances set forth in subdivision (a) of this section,
where a court imposes a sentence, and where the people have indicated to the
sentencing court their belief that the sentence is invalid as a matter of law
and may be appealed by them on that ground, the court, upon imposing the
sentence, shall advise the defendant of the rights enumerated in subdivision
(a) of this section.
Notes
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