NY · rules
22 NYCRR 671.7
Additional duties of counsel for the People, where defendant appears pro se in appellate court on appeal in habeas corpus or CPLR article 78 proceeding
On an appeal from a judgment or order denying or dismissing a habeas corpus or CPLR article 78 application or proceeding, if the defendant shall have appeared pro se and if the judgment or order shall have been affirmed or modified, the copy of the order 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
If the affirmance by the Appellate Division is unanimous, then, pursuant to statute (CPLR 5602), within 30 days after service upon you of a copy of the order of affirmance with notice of its entry, you may make application for permission to take a further appeal to the Court of Appeals. Such application must be made either: to the Appellate Division, or, upon its refusal, to the Court of Appeals; or directly to the Court of Appeals without first applying to the Appellate Division. If such permission be granted by either court, the appeal to the Court of Appeals will be deemed to have been taken without the necessity of serving or filing a formal notice of appeal. If the affirmance by the Appellate Division is not unanimous and if the dissent is in your favor with respect to a stated question of law; or if the judgment or order appealed from be modified in a substantial respect, and if you are aggrieved by the modification and it is one which is within the power of the Court of Appeals to review, then, pursuant to statute (CPLR 5513, 5515, 5601), within 30 days after service upon you of a copy of the order with notice of its entry, you have the right (without permission) to take a further appeal to the Court of Appeals by serving your notice of appeal on the adverse party or upon his attorney and by filing such notice in the office where the judgment or order of the court of original instance was entered.
Provenance
- Source
- law.cornell.edu
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
6a81dbcb801808c5a0d454fa8e8c55eeb3c662475525cdfc9413736d5881cd56
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