Assembly Bill A8465

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8465
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 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  ASSEM-
 BLY, 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 accord-
 ance 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 appel-
 late court is satisfied that a conflict of interest prevents the assign-
 ment 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.
              

                                                            LBD13228-01-7

 A. 8465                             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  PREPA-
 RATION  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; COMPEN-
 SATION AND REIMBURSEMENT FOR SUCH REPRESENTATION AND EXPENSES  SHALL  BE
 GOVERNED  BY SECTIONS SEVEN HUNDRED TWENTY-TWO-B AND SEVEN HUNDRED TWEN-
 TY-TWO-C OF THIS ARTICLE.
   § 2. This act shall take effect immediately.