UR 200 Volume 3 Flashcards
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(a) Where, following an arrest with or without a warrant, a defendant is brought, before a town or village court for arraignment on an accusatory instrument filed with such court, counsel for defendant shall be given an opportunity to be heard before court issues a securing order fixing bail or committing defendant to custody of sheriff.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(a) Where, following an arrest with or without a warrant, a defendant is brought, before a town or village court for arraignment on an accusatory instrument filed with such court, counsel for defendant shall be given an opportunity to be heard before court issues a securing order fixing bail or committing defendant to custody of sheriff.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(b) If defendant appears at such time without counsel:
(i) court shall permit defendant to communicate free of charge by telephone for purposes of obtaining counsel and informing a relative or friend that he or she has been charged with an offense.
(ii) court shall, prior to issuing a securing order fixing bail or committing defendant to custody of sheriff, make an initial determination as to defendant’s eligibility for assigned counsel, provided, however, that this paragraph, as well as subdivisions (c) and (d) of this section, shall not apply where court determines that defendant has sufficient funds available to him or her to immediately post bail with court in amount and form to be fixed by court, and such bail is so posted with court.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(b) If defendant appears at such time without counsel:
(i) court shall permit defendant to communicate free of charge by telephone for purposes of obtaining counsel and informing a relative or friend that he or she has been charged with an offense.
(ii) court shall, prior to issuing a securing order fixing bail or committing defendant to custody of sheriff, make an initial determination as to defendant’s eligibility for assigned counsel, provided, however, that this paragraph, as well as subdivisions (c) and (d) of this section, shall not apply where court determines that defendant has sufficient funds available to him or her to immediately post bail with court in amount and form to be fixed by court, and such bail is so posted with court.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(c) Where it appears, pursuant to paragraph (ii) of subdivision (b) of this section, that defendant is financially unable to obtain counsel, court shall, prior to issuing a securing order fixing bail or committing defendant to custody of sheriff, assign counsel.
- Such assignment shall be in accordance with plan for representation adopted by county pursuant to County Law § 722, and shall, in accordance with such plan:
- (i) direct administrator of assigned counsel program to, without delay, select and assign to defendant, subject to court’s approval, an appropriate attorney from administrator’s list of eligible attorneys:
- (ii) direct local public defender office or legal aid society to represent defendant, or
- (iii) designate a named attorney to represent the defendant.
- Where assigned counsel is not present in court at time of assignment, court may issue such securing order in absence of counsel, and in such case shall provide defendant, in writing, with name, business address and telephone number of such assigned counsel, or of administrator of assigned counsel program or director of local public defender office or legal aid society, as appropriate.
- Upon issuing such securing order in absence of counsel, or, if not practicable, within 24 hours thereafter, but no later than 48 hours thereafter if extraordinary circumstances so require, court shall notify such counsel, administrator or director, as well as director of local pretrial services agency or head of pretrial services unit of county probation department, if any, by telephone, and in writing or by written fax, of court’s assignment, and shall include in such notification defendant’s name, names of any codefendants, charge or charges contained in accusatory instrument, docket or case number, if available, a copy of accusatory instrument, adjourn date and time, terms of securing order and such other information as court deems appropriate.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(c) Where it appears, pursuant to paragraph (ii) of subdivision (b) of this section, that defendant is financially unable to obtain counsel, court shall, prior to issuing a securing order fixing bail or committing defendant to custody of sheriff, assign counsel.
- Such assignment shall be in accordance with plan for representation adopted by county pursuant to County Law § 722, and shall, in accordance with such plan:
- (i) direct administrator of assigned counsel program to, without delay, select and assign to defendant, subject to court’s approval, an appropriate attorney from administrator’s list of eligible attorneys:
- (ii) direct local public defender office or legal aid society to represent defendant, or
- (iii) designate a named attorney to represent the defendant.
- Where assigned counsel is not present in court at time of assignment, court may issue such securing order in absence of counsel, and in such case shall provide defendant, in writing, with name, business address and telephone number of such assigned counsel, or of administrator of assigned counsel program or director of local public defender office or legal aid society, as appropriate.
- Upon issuing such securing order in absence of counsel, or, if not practicable, within 24 hours thereafter, but no later than 48 hours thereafter if extraordinary circumstances so require, court shall notify such counsel, administrator or director, as well as director of local pretrial services agency or head of pretrial services unit of county probation department, if any, by telephone, and in writing or by written fax, of court’s assignment, and shall include in such notification defendant’s name, names of any codefendants, charge or charges contained in accusatory instrument, docket or case number, if available, a copy of accusatory instrument, adjourn date and time, terms of securing order and such other information as court deems appropriate.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(d)
- If the defendant appears to be able to afford a lawyer, the court will ask them if they intend to hire one and if they have a specific lawyer in mind.
- If the defendant names a specific lawyer, the court will provide their contact information if it is readily available.
- If the defendant does not name a lawyer or if their chosen lawyer is not present when the court sets bail or commits the defendant to custody, the court can issue the securing order without the lawyer present.
- After issuing the securing order, the court will notify the appropriate pretrial services agency or public defender’s office of the defendant’s appearance and preliminary determination that they can afford to hire a lawyer.
- This notification will include the defendant’s name, any co-defendants’ names, the charges, docket or case number, a copy of the accusatory instrument, the adjournment date and time, the terms of the securing order, and any other relevant information.
financially able
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(d) Where it appears, that defendant is ________ to retain counsel, court shall inquire whether defendant intends to retain counsel, and whether there is a particular attorney defendant intends to retain.
- If a defendant identifies a particular attorney he or she intends to retain, the court shall, where such information is readily available, provide the defendant, in writing, with the telephone number of such attorney.
- Where defendant does not identify a particular attorney, or where an attorney so identified is not present in court at time court intends to issue securing order fixing bail or committing defendant to custody of sheriff, court may issue such securing order in absence of counsel.
- Upon issuing such securing order in absence of counsel, or, if not practicable, within 24 hours thereafter, but no later than 48 hours thereafter if extraordinary circumstances so require, court shall notify director of local pretrial services agency or head of pretrial services unit of county probation department, if any, and administrator of assigned counsel program or director of local public defender office or legal aid society, as appropriate, by telephone, and in writing or by written fax, of defendant’s appearance before court and of court’s preliminary determination that defendant appears to be financially able to retain counsel.
- Such notification shall also include defendant’s name, names of any co-defendants, charge or charges contained in accusatory instrument, docket, or case number, if available, a copy of accusatory instrument, adjourn date and time, terms of securing order and such other information as court deems appropriate.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(e) Each town and village court shall obtain from administrator of assigned counsel program, public defender, legal aid society or other provider of indigent criminal defense legal services in that jurisdiction, and from director of local pretrial services agency or head of pretrial services unit of county probation department, if any, names, addresses, telephone numbers and fax numbers required to effectuate notification
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(e) Each town and village court shall obtain from administrator of assigned counsel program, public defender, legal aid society or other provider of indigent criminal defense legal services in that jurisdiction, and from director of local pretrial services agency or head of pretrial services unit of county probation department, if any, names, addresses, telephone numbers and fax numbers required to effectuate notification
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(f) Nothing contained in this section shall be deemed to preclude court from:
- (i) terminating an assignment of counsel made pursuant to County law
- (ii) issuing a securing order releasing defendant on his or her own recognizance in accordance with CPL§ 170.70, 180.80 or any other relevant provision of Criminal Procedure Law, or
- (iii) issuing a securing order releasing defendant on bail or on his or her own recognizance}, or
- (iv) entertaining an application for recognizance or bail
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(f) Nothing contained in this section shall be deemed to preclude court from:
- (i) terminating an assignment of counsel made pursuant to County law
- (ii) issuing a securing order releasing defendant on his or her own recognizance in accordance with CPL§ 170.70, 180.80 or any other relevant provision of Criminal Procedure Law, or
- (iii) issuing a securing order releasing defendant on bail or on his or her own recognizance}, or
- (iv) entertaining an application for recognizance or bail
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(g) Nothing contained in this section shall be deemed to relieve court of any obligation imposed pursuant to CPL §§ 170.10 and 180,10.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(g) Nothing contained in this section shall be deemed to relieve court of any obligation imposed pursuant to CPL §§ 170.10 and 180,10.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(h) Each town and village court shall maintain a record in case file of any communications and correspondence initiated or received by court pursuant to this section and shall make such records available to defendant’s counsel and prosecutor upon request.
- (i) The Office of Court Administration shall prepare and distribute to each town and village court such forms as may be necessary to implement notification provisions of this section.
S200.26 Issuance of certain securing orders in town and village courts, duties of court, assignment of and notification to counsel, notification to pretrial services agency
(h) Each town and village court shall maintain a record in case file of any communications and correspondence initiated or received by court pursuant to this section and shall make such records available to defendant’s counsel and prosecutor upon request.
- (i) The Office of Court Administration shall prepare and distribute to each town and village court such forms as may be necessary to implement notification provisions of this section.
S200.31 Judges who may stay judgment pending appeal to county court
Upon an appeal to _______ court from a judgment of sentence of a local criminal court, an order pursuant to CPL 460.50, staying or suspending execution of judgment pending termination of appeal and either releasing defendant on his own recognizance or fixing bail, may be issued by a judge of county court to which appeal has been taken or a justice of supreme court in judicial district in which local court is located.
In case of any appeal as of right from a judgment or sentence of a city court, such order also may be issued by a judge of such city court.
county
S200.32 Duration of order staying or suspending execution of judgment
(a) An order issued pursuant to CPL 460.50 shall contain a statement that, if an appeal has not been perfected within ______ days after issuance of order, operation of such order terminates and defendant must surrender himself to criminal court in which judgment was entered in order that execution of judgment be commenced or resumed.
(b) No extension of ______ -day period specified in CPL 460.50 shall be granted except by county court.
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S200.33 Perfection of criminal appeals
(a) When a notice of appeal is filed with a local court, a copy shall be filed with county clerk by person filing with local court.
- After an appeal has been taken pursuant to CPL 460.10(2), and within 10 days after two transcripts of stenographic minutes of proceedings shall have been filed with local criminal court pursuant to CPL 460.70(1), local criminal court shall file with clerk of county court notice of appeal, a transcript of proceedings, a copy of accusatory instrument and any decision on pretrial motions and shall notify appellant and respondent.
- If local criminal court does not file notice of appeal and transcript within prescribed period, or if transcript is defective, county court, upon application of appellant or respondent, shall order local criminal court to file them or shall order parties to settle transcript before local court in manner prescribed by CPLR 5525(c) within a designated time which county court deems reasonable.
S200.33 Perfection of criminal appeals
(a) When a notice of appeal is filed with a local court, a copy shall be filed with county clerk by person filing with local court.
- After an appeal has been taken pursuant to CPL 460.10(2), and within 10 days after two transcripts of stenographic minutes of proceedings shall have been filed with local criminal court pursuant to CPL 460.70(1), local criminal court shall file with clerk of county court notice of appeal, a transcript of proceedings, a copy of accusatory instrument and any decision on pretrial motions and shall notify appellant and respondent.
- If local criminal court does not file notice of appeal and transcript within prescribed period, or if transcript is defective, county court, upon application of appellant or respondent, shall order local criminal court to file them or shall order parties to settle transcript before local court in manner prescribed by CPLR 5525(c) within a designated time which county court deems reasonable.
S200.33 Perfection of criminal appeals
(b) Within ____days after affidavit of errors and return of lower court have been filed with county court, where an appeal has been taken pursuant to CPL 460.10(3), or within ________ days after notice of appeal and transcript have been filed with county court, where an appeal has been taken pursuant to CPL 460.10(2), appellant shall notice appeal for next term or special term of county court by filing with judge of county court, not less than 14 days prior to date for which appeal has been notice, a brief and notice of argument with proof of service of a copy of each upon respondent.
- If defendant is appellant and district attorney did not appear in local criminal court, defendant shall also file proof of service of a copy of brief and notice of argument upon district attorney.
- Respondent’s brief, or district attorney’s brief, if any, shall be filed with judge of county court within _____ days after service of appellant’s brief, with proof of service of a copy upon appellant.
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S200.33 Perfection of criminal appeals
(c) If appellant does not comply herewith, county court may, upon respondent’s motion, or upon its own motion, dismiss appeal.
S200.33 Perfection of criminal appeals
(c) If appellant does not comply herewith, county court may, upon respondent’s motion, or upon its own motion, dismiss appeal.
S200.33 Perfection of criminal appeals
- (d) Upon motion, county court judge hearing appeal may, for good cause shown, extend time to a subsequent term or special term, in which case appellant must notice appeal for such subsequent term. Unless otherwise ordered by court, appeals may be submitted without oral argument.
- Motions for reargument may be made after decision is rendered and must be made within ____ days after service upon moving party of a copy of order entered on decision, with written notice of entry.
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S200.40 Obligation of 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 people pursuant to CPL section 450.20, court promptly shall advise defendant, on record or in writing:
- (1) that people have right to take an appeal.
- (2) that defendant has right to retain counsel to represent him or her on appeal or to respond to appeal pro se.
- (3) if defendant can show no financial ability to pay for cost of counsel on appeal, defendant may make application to appellate court for assignment of counsel to respond to appeal, and
- (4) that defendant must provide court and defendant’s trial counsel with an address where he or she can be contacted should people appeal order of criminal court.
S200.40 Obligation of 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 people pursuant to CPL section 450.20, court promptly shall advise defendant, on record or in writing:
- (1) that people have right to take an appeal.
- (2) that defendant has right to retain counsel to represent him or her on appeal or to respond to appeal pro se.
- (3) if defendant can show no financial ability to pay for cost of counsel on appeal, defendant may make application to appellate court for assignment of counsel to respond to appeal, and
- (4) that defendant must provide court and defendant’s trial counsel with an address where he or she can be contacted should people appeal order of criminal court.
