§ 717 — Public defender; duties

New York § 717

• Jurisdiction: New York
• Law CNT: County
• Art. 18-A: Public Defender

Text

§ 717. Public defender; duties. 1. The public defender shall\nrepresent, without charge, at the request of the defendant, or by order\nof the court with the consent of the defendant, each indigent defendant\nwho is charged with a crime as defined in section seven hundred\ntwenty-two-a of the county law in the county or counties in which such\npublic defender serves. When representing an indigent defendant, the\npublic defender shall counsel and represent him at every stage of the\nproceedings following arrest, shall initiate such proceedings as in his\njudgment are necessary to protect the rights of the accused, and may, in\nhis discretion, prosecute any appeal, if in his judgment the facts and\ncircumstances warrant such appeal.\n 2. The public defender shall also represent, without charge, in a\nproceeding in family court or surrogate's court in the county or\ncounties where such public defender serves, any person entitled to\ncounsel pursuant to section two hundred sixty-two and section eleven\nhundred twenty of the family court act and section four hundred seven of\nthe surrogate's court procedure act, or any person entitled to counsel\npursuant to article six-C of the correction law, who is financially\nunable to obtain counsel. When representing such person, the public\ndefender shall counsel and represent him at every stage of the\nproceedings, shall initiate such proceedings as in the judgment of the\npublic defender are necessary to protect the rights of such person, and\nmay prosecute any appeal when, in his judgment the facts and\ncircumstances warrant such appeal.\n