Bill Text: NY A09522 | 2015-2016 | General Assembly | Introduced
Bill Title: Authorizes a sentencing court to consider an application for poor person relief on appeal.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2016-11-25 - signed chap.459 [A09522 Detail]
Download: New_York-2015-A09522-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9522 IN ASSEMBLY March 10, 2016 ___________ Introduced by M. of A. RICHARDSON, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to granting a defendant poor person relief on appeal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 380.55 to read as follows: 3 § 380.55 Application for poor person relief on appeal. 4 Where counsel has been assigned to represent a defendant at trial on 5 the ground that the defendant is financially unable to retain counsel, 6 the court may in its discretion at the time of sentencing entertain an 7 application to grant the defendant poor person relief on appeal. As part 8 of an application for such relief, assigned counsel must represent that 9 the defendant continues to be eligible for assignment of counsel and 10 that granting the application will expedite the appeal. If the court 11 grants the application, it shall file a written order and shall provide 12 a copy of the order to the appropriate appellate court. The denial of an 13 application shall not preclude the defendant from making a de novo 14 application for poor person relief to the appropriate appellate court. 15 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13998-01-6
