People v. Usher

Appellate Division of the Supreme Court of New York

People v. Usher

172 A.D.2d 1075, 571 N.Y.S.2d 395, 1991 N.Y. App. Div. LEXIS 6499

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 1991

StatusPublished

Cited by1 cases

This text of 172 A.D.2d 1075 (People v. Usher) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Usher, 172 A.D.2d 1075, 571 N.Y.S.2d 395, 1991 N.Y. App. Div. LEXIS 6499 (N.Y. Ct. App. 1991).

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Opinion

Motion to extend time to take appeal granted upon condition that a notice of appeal is filed and served on or before May 27, 1991. Memorandum: This court has repeatedly admonished defense counsel in criminal cases of their mandatory duty to comply [1076]*1076with 22 NYCRR 1022.11 (a) by immediately after the pronouncement of sentence, advising defendant in writing of his right to appeal, the time limitations involved, the manner of instituting the appeal and of obtaining a transcript of testimony, the right of a person who is unable to pay for the cost of an appeal to apply for leave to appeal as a poor person. Counsel must also ascertain whether defendant wishes to appeal and, if so, to serve and file the notice of appeal. Failure to comply with 22 NYCRR 1022.11 (a) constitutes "improper conduct” of counsel (see, CPL 460.30; People v Simmons, 171 AD2d 1084).

In spite of our repeated admonitions, many defense counsel continue to fail to provide defendants with the required written notice. We again urge all defense counsel in criminal cases to read and to comply with 22 NYCRR 1022.11 (a), and we urge all Assigned Counsel Administrators in the Department to bring this rule to the attention of Assigned Counsel. Forms containing the notice required by this rule should be available from Assigned Counsel Administrators and from criminal court clerks. Present—Callahan, J. P., Doerr, Boomer, Lawton and Davis, JJ.

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Motion to extend time to take appeal granted upon condition that a notice of appeal is filed and served on or before May 27, 1991. Memorandum: This court has repeatedly admonished defense counsel in criminal cases of their mandatory duty to comply [1076]*1076with 22 NYCRR 1022.11 (a) by immediately after the pronouncement of sentence, advising defendant in writing of his right to appeal, the time limitations involved, the manner of instituting the appeal and of obtaining a transcript of testimony, the right of a person who is unable to pay for the cost of an appeal to apply for leave to appeal as a poor person. Counsel must also ascertain whether defendant wishes to appeal and, if so, to serve and file the notice of appeal. Failure to comply with 22 NYCRR 1022.11 (a) constitutes "improper conduct” of counsel (see, CPL 460.30; People v Simmons, 171 AD2d 1084).

In spite of our repeated admonitions, many defense counsel continue to fail to provide defendants with the required written notice. We again urge all defense counsel in criminal cases to read and to comply with 22 NYCRR 1022.11 (a), and we urge all Assigned Counsel Administrators in the Department to bring this rule to the attention of Assigned Counsel. Forms containing the notice required by this rule should be available from Assigned Counsel Administrators and from criminal court clerks. Present—Callahan, J. P., Doerr, Boomer, Lawton and Davis, JJ.

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Bluebook (online)

172 A.D.2d 1075, 571 N.Y.S.2d 395, 1991 N.Y. App. Div. LEXIS 6499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-usher-nyappdiv-1991.

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