S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9522

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M. of A. RICHARDSON, LENTOL -- (at request of the Office
  of Court Administration) -- read once and referred to the Committee on
  Codes

AN ACT to amend the criminal procedure law, in relation  to  granting  a
  defendant poor person relief on appeal

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 380.55 to read as follows:
S 380.55 APPLICATION FOR POOR PERSON RELIEF ON APPEAL.
  WHERE  COUNSEL  HAS BEEN ASSIGNED TO REPRESENT A DEFENDANT AT TRIAL ON
THE GROUND THAT THE DEFENDANT IS FINANCIALLY UNABLE TO  RETAIN  COUNSEL,
THE  COURT  MAY IN ITS DISCRETION AT THE TIME OF SENTENCING ENTERTAIN AN
APPLICATION TO GRANT THE DEFENDANT POOR PERSON RELIEF ON APPEAL. AS PART
OF AN APPLICATION FOR SUCH RELIEF, ASSIGNED COUNSEL MUST REPRESENT  THAT
THE  DEFENDANT  CONTINUES  TO  BE ELIGIBLE FOR ASSIGNMENT OF COUNSEL AND
THAT GRANTING THE APPLICATION WILL EXPEDITE THE  APPEAL.  IF  THE  COURT
GRANTS  THE APPLICATION, IT SHALL FILE A WRITTEN ORDER AND SHALL PROVIDE
A COPY OF THE ORDER TO THE APPROPRIATE APPELLATE COURT. THE DENIAL OF AN
APPLICATION SHALL NOT PRECLUDE THE  DEFENDANT  FROM  MAKING  A  DE  NOVO
APPLICATION FOR POOR PERSON RELIEF TO THE APPROPRIATE APPELLATE COURT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13998-01-6