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NY · rules

22 NYCRR 671.6

Additional duties of counsel for the People, where defendant appears pro se in appellate court on appeal in criminal action or proceeding instituted upon motion made pursuant to CPL 440.10 or 440.20

activein force · 2026-09-17 – presentact-effective-date

On an appeal from a judgment of conviction or sentence or on an appeal from an order denying a motion made pursuant to C PL 440.10 or 440.20, if the defendant shall have appeared pro se and if the judgment, sentence or order shall have been affirmed, the copy of the order of affirmance which the People's counsel thereafter serves on the defendant shall have annexed or appended thereto or endorsed thereon the following notice:

NOTICE AS TO FURTHER APPEAL

Pursuant to C PL 460.20, within 30 days after service upon you of a copy of the order of affirmance with notice of its entry, you have the right to apply for a certificate granting leave to take a further appeal to the Court of Appeals. Such application must be made either to the Chief Judge of the Court of Appeals by submitting it to the clerk of that court, as prescribed in C PL 460.20 (subdivisions 3b and 4), or to a justice of the Appellate Division of the Supreme Court in this department, as prescribed in section 670.7 of this Title and in C PL 460.20 (subdivisions 3a and 4). The denial of such application by the first judge or justice to whom it is presented is final; thereafter a new application may not be made to any other judge or justice.

Provenance

Source
law.cornell.edu
Retrieved
2026-09-17
Edition
2026-09-17
Content hash
e9ec302f2c383f9f0e876329240d05baa72b332f306244d7eb5e235492d0bb61
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