What are my duties upon receipt of the Court’s decision-order?
Upon receipt of the Court’s decision-order, counsel shall notify the client in writing of the Court’s decision. Upon entry of an order affirming a judgment of conviction or order denying an application for a writ of habeas corpus or a motion under section 440.10 or 440.20 of the Criminal Procedure Law, assigned counsel is required to “advise the defendant in writing of his right to apply for permission to appeal to the Court of Appeals” and, if permission is granted, “to apply for leave to appeal as a poor person” (22 NYCRR 1022.11 [b]). Counsel is also required “to ascertain whether defendant wishes to apply for permission to appeal, and if so, [shall] make a timely application” for such relief (id.). In a habeas corpus proceeding, where the order of this Court is appealable to the Court of Appeals pursuant to CPLR 5601, assigned counsel shall advise the relator of his absolute right to appeal without permission (22 NYCRR 1022.11 [b]). In an appeal from a Family Court proceeding, the
