What's happening
This bill expands assigned counsel for criminal appeals to include representation for certain post-conviction motions and related expenses.
Why it matters
Expands the right to assigned counsel beyond direct criminal appeals to also cover post-conviction motions. , such as motions to vacate a judgment or set aside a sentence (CPL 440 motions) and writs of error coram nobis. This means indigent defendants will have legal representation not just for appeals, but also for important efforts to challenge their convictions after the fact.
Clarifies that appellate counsel (or another attorney approved by the plan administrator) can be assigned for these post-conviction proceedings. , ensuring continuity and expertise in representation for complex legal matters that may arise after a conviction.
Ensures that compensation and reimbursement for attorneys handling these post-conviction matters will follow the same rates and rules as for appeals. , potentially making it easier for attorneys to take on these cases and for defendants to access meaningful legal help.
May lead to increased scrutiny and correction of wrongful convictions or unfair sentences. , as more defendants will have the legal support needed to pursue post-conviction remedies that they could not previously access due to lack of counsel.
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Who cares
Headline styles
Expand Appeal Counsel Access
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.446
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.1005
- Substituted for S3672
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.16
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Appeal Counsel Rights
Senate Floor Calendar · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
748
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
Introduced by M. of A. COOK, LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the county law, in relation to assignment of counsel
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 722 of the county law, as amended by chapter 453 of the laws of 1999, is amended to read as follows:
Upon an appeal in a criminal action, and on any appeal described in section eleven hundred twenty of the family court act, article six-C of the correction law or section four hundred seven of the surrogate's court procedure act, wherein the party is financially unable to obtain counsel, the appellate court shall assign counsel furnished in accordance with the plan, conforming to the requirements of this section, which is in operation in the county or in the city in which a county is wholly contained wherein the judgment of conviction, disposition, or order of the trial court was entered; provided, however, that when such county or city has not placed in operation a plan conforming to that prescribed in subdivision three or four of this section and such appellate court is satisfied that a conflict of interest prevents the assignment of counsel pursuant to the plan in operation, or when such county or city has not placed in operation any plan conforming to that prescribed in this section, such appellate court may assign any attorney in such county or city and, in such event, such attorney shall receive compensation and reimbursement from such county or city which shall be at the same rate as is prescribed in section seven hundred twenty-two-b of this chapter. Assignment of counsel upon an appeal in a criminal action pursuant to this subdivision, or pursuant to paragraph b of subdivision one of section thirty-five of the judiciary law, includes authorization for representation by appellate counsel, or an attorney selected at the request of appellate counsel by the administrator of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07447-01-9
A. 748 2
plan in operation in the county (or city in which a county is wholly contained) where the conviction was entered, with respect to the preparation and proceeding upon a motion, pursuant to article four hundred forty of the criminal procedure law, to vacate a judgment or to set aside a sentence or on a motion for a writ of error coram nobis; compensation and reimbursement for such representation and expenses shall be governed by sections seven hundred twenty-two-b and seven hundred twenty-two-c of this article.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.