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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Uniform Rules for N.Y.S. Trial Courts


PART 200. Uniform Rules For Courts Exercising Criminal Jurisdiction

Rules Applicable To All Courts


200.1 Application; definitions
200.2 Terms and parts of court
200.3 Papers filed in a criminal court; form
200.4 Submission of papers to judge of a criminal court
200.5 Appearance of counsel in criminal actions
200.6 Engagement of counsel
200.7 Authorization to administer oaths
200.8 Official forms
200.9 Certificate of relief from disabilities; notification of eligibility
200.10 Applicability of sections 200.10-200.14
200.11 Assignment of criminal actions
200.12 Preliminary conference
200.13 Impaneling of grand juries
200.14 Transfer of indictments between superior courts
200.15 Appointment of a special district attorney
200.20 Applicability of sections 200.20-200.22
200.21 Procedure in local criminal courts; local court rules
200.22 Assignment of criminal actions
200.23 Recordkeeping requirements for town and village courts
200.24 Recordkeeping in city courts
200.25 Procedure for Accepting Guilty Pleas by Mail in the New York City Criminal Court
200.26 Issuance of certain securing orders in town and village courts; duties of the court, assignment of and notification to counsel; notification to pretrial services agency
200.27 [Reserved]
200.28 [Reserved]
200.29 [Reserved]
200.30 Applicability of sections 200.30-200.33
200.31 Judges who may stay judgment pending appeal to county court
200.32 Duration of order staying or suspending execution of judgment
200.33 Perfection of criminal appeals
200.34 — 200.39 [Reserved]
200.40 Oblig. of the court to adv. of right to counsel on . . .appeal

Section 200.1 Application; definitions.

(a) The rules of this Part shall govern procedures in each criminal court of the State.

(b) For purposes of this Part:

(1) Chief Administrator of the Courts shall include the designee of the Chief Administrator.

(2) Clerk as used in this Part shall mean the chief clerk or the appropriate clerk of the trial court, unless the context otherwise requires.

(3) Other words or expressions used in this Part shall have the same meanings as they have under provisions of the Criminal Procedure Law.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.2 Terms and parts of court.

(a) Terms of court. A term of court is a four-week session of court, and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedule of terms established by the Chief Administrator of the Courts, which also shall specify the dates of such terms.

(b) Parts of court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. There shall be such parts of court as may be authorized to be established from time to time by the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.3 Papers filed in a criminal court; form.

In addition to complying with the applicable provisions of CPLR 2101, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.4 Submission of papers to judge of a criminal court.

All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and the identification number of the accusatory instrument or instruments by which defendant is charged, the name of the assigned judge, if any, the name of the attorney or party submitting them and the return date of any motion to which the papers refer.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.5 Appearance of counsel in criminal actions.

Each attorney appearing in a criminal action is required to file a written notice of appearance on or before the time of the attorney's first appearance in court or not later than 10 days after appointment or retainer, whichever is sooner. The notice shall contain the attorney's name, office address and telephone number, the name of the person on whose behalf he or she is appearing, and the identification number of the accusatory instrument or instruments by which such person is charged.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.6 Engagement of counsel.

No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.7 Authorization to administer oaths.

(a) All court clerks employed in court parts devoted in whole or in part to the disposition of criminal actions, and such other employees as the judge presiding therein may designate in accordance with section 105 of the Uniform District Court Act, section 105 of the Uniform City Court Act, section 109 of the Uniform Justice Court Act and section 23(1) of the New York City Criminal Court Act, are authorized to administer oaths, take acknowledgments and sign the process of the court under the seal thereof.

(b) Copies of written authorizations to administer oaths required by section 58 of the New York City Criminal Court Act to be filed with the New York City Criminal Court are to be filed with the chief clerk thereof.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.8 Official forms.

The forms set forth in Chapter VI of Subtitle D of this Title, designated "Forms for use in courts exercising criminal jurisdiction," shall be the official forms of those courts and shall, in substantially the same form as set forth, be uniformly used throughout the State.

Historical Note
Sec. filed March 25, 1987 eff. March 13, 1987.

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Section 200.9 Certificate of relief from disabilities; notification of eligibility.

(a) In all criminal causes, whenever a pre-sentence probation report is submitted to the court, such report shall contain information bearing upon the eligibility of the defendant to obtain a certificate of relief from forfeitures and disabilities under article 23 of the Correction Law and shall further contain a recommendation as to the appropriateness of granting such discretionary relief at the time sentence is pronounced. Whenever a defendant has been sentenced to a period of probation, and has not received such discretionary relief, and if such defendant is apparently eligible for consideration of such discretionary relief, the probation officer supervising such defendant, prior to the termination of the probation period, shall inform the defendant, of his right to make application to the court for a certificate of relief from disabilities, and shall provide such defendant with the required forms in order to enable him or her to make application to the court if he or she should wish to do so.

(b) In all criminal causes, whenever a defendant who is eligible to receive a certificate of relief from disabilities under article 23 of the Correction Law is sentenced, the court, in pronouncing sentence, unless it grants such certificate at that time, shall advise the defendant of his or her eligibility to make application at a later time for such relief.

(c) Failure to comply with the requirements of subdivision (a) or (b) of this section shall not affect the validity of any sentence.

Historical Note
Sec. filed Sept. 28, 1987 eff. Sept. 1, 1987.

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Section 200.10 Applicability of sections 200.10-200.14.

The rules of these sections shall be applicable to each superior court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.11 Assignment of criminal actions.

Criminal actions shall be assigned as follows:

(a) General. Except as the Chief Administrator of the Courts may otherwise provide, all criminal actions in Supreme Court and in County Court shall be heard and disposed of in accordance with an individual assignment system.

(b) Arraignment-conference part. The Chief Administrator of the Courts may authorize the establishment of an arraignment-conference part for any superior court. Where an arraignment-conference part has been established, upon commencement of a criminal action in the superior court, the action shall be assigned to such part. The judge presiding therein shall arraign the defendant and hear and determine any bail application. If no plea of guilty is entered within 14 calendar days of the defendant's arraignment, or if the judge presiding determines that it is unlikely that a plea of guilty will be entered, the action shall be assigned to a judge as provided in subdivision (c) of this section. If a plea of guilty is entered within such time period, the action shall remain in the arraignment-conference part for sentencing and any further proceedings therein.

(c) Assignment of actions to individual assignment judges. Except as provided in subdivision (b) of this section, upon commencement of a criminal action in the superior court, the action shall be assigned to a judge by the clerk of the court in which it is pending pursuant to a method of random selection authorized by the Chief Administrator. The judge thereby assigned shall be known as the "assigned judge" with respect to such action and, except as otherwise provided in subdivision (d) of this section, shall conduct all further proceedings therein.

(d) Exceptions.
(1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases.

(2) The Chief Administrator may authorize the assignment of one or more special reserve trial judges. Such judges may be assigned matters for trial in exceptional circumstances where the needs of the courts require such assignment.

(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available.

(4) The Chief Administrator may authorize the transfer of any action and any matter relating to an action from one judge to another in accordance with the needs of the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.12 Preliminary conference.

As soon as practicable after the assignment of an action to an individual assignment judge, the assigned judge shall conduct a preliminary conference. The matters to be considered at such conference shall include establishment of a timetable for completion of discovery and filing and hearing of motions, fixing a date for commencement of trial, and consideration of any other matters that the court may deem relevant. At the conclusion of the conference, the directions by the court to the parties and any stipulations by counsel shall be placed on the record or incorporated in a written court order. In the discretion of the court, failure of a party to comply with these directions shall result in the imposition of such sanctions as are authorized by law. The court may direct the holding of additional preliminary conferences as may be needed.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.13 Impaneling of grand juries.

There shall be a grand jury drawn and impaneled for such terms of a superior court as may be provided on the annual schedule of terms established by the Chief Administrator of the Courts. Whenever the public interest requires, additional grand juries may be drawn and impaneled as authorized by the Chief Administrator.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.14 Transfer of indictments between superior courts.

Upon authorization by the Chief Administrator:

(a) An indictment pending in the Supreme Court at a term held in a county outside the City of New York may, prior to entry of a plea of guilty thereto or commencement of a trial thereof, be removed to the County Court of such county.

(b) An indictment pending in a County Court may similarly be removed to the Supreme Court at a term held or to be held in the same county.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.15 Appointment of a special district attorney.

Any party filing with a superior court an application for appointment of a special district attorney, pursuant to section 701 of the County Law, shall make the application to the Chief Administrator of the Courts or to an appropriate Deputy Chief Administrative Judge. The Chief Administrator, Deputy Chief Administrative Judge, or appropriate Administrative Judge shall assign a superior court judge to consider the application as provided by law, selected from a list of judges established for that purpose that has been approved by the Chief Administrator and the Presiding Justice of the appropriate Appellate Division.

Historical Note
Sec. filed Oct. 16, 1986 eff. Oct. 7, 1986.
Amended on Jul. 2, 2014

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Section 200.20 Applicability of sections 200.20-200.22.

The rules of these sections shall be applicable to each local criminal court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.21 Procedure in local criminal courts; local court rules.

Procedure in each local criminal court shall be as provided by the Criminal Procedure Law and such local court rules as may be adopted in compliance with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.22 Assignment of criminal actions.

Criminal actions in a criminal term shall be assigned to judges in a manner authorized by the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.23 Recordkeeping requirements for town and village courts.

(a) Each town and village court shall maintain:

(1) case files containing all papers filed, orders issued, any minutes or notes made by the court of proceedings or testimony, and a copy of any original documents or papers forwarded to another court or agency;

(2) an index of cases with a unique number assigned to each case when filed; and

(3) a cashbook which shall chronologically itemize all receipts and disbursements.

(b) In each case, except for parking violations, the court shall assign a unique case number for each defendant. In addition to the papers filed and orders issued, the court shall maintain records which shall include the following information:

(1) the defendant's name, address, and date of birth if under the age of 19;

(2) the State law or local ordinance, including section number, of each offense charged;

(3) a brief description of each offense charged and the date of its alleged commission;

(4) the date of arrest;

(5) the name of the arresting agency or officer;

(6) the date of arraignment;

(7) the name and address of the prosecutor and the defendant's attorney;

(8) a record of the arraignment proceedings, including the following entries: whether the charges were read to the defendant; the constitutional and statutory rights of which defendant was advised; whether counsel was assigned; the plea entered by defendant; a summary of other actions taken by the court at arraignment, including the form of release and amount of bail set; and the date of the next scheduled appearance;

(9) the defendant's NYSID number and court control number, where available, for fingerprintable offenses;

(10) a summary of all other actions taken and proceedings conducted before trial;

(11) the names and addresses of all witnesses sworn;

(12) whether the defendent waived a jury;

(13) each diposition after trial, and each disposition other than by trial and the reasons therefor;

(14) whether a presentence report was ordered and made available to the defendant or the defendant's attorney;

(15) any sentence imposed by the court; and

(16) a summary of all post-judgment proceedings.

(c) A model recordkeeping system which complies with the requirements of this Part will be prepared and distributed by the Office of Court Administration.

Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.

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Section 200.24 Recordkeeping in city courts.

Each city court may, consistent with the provisions of section 2019 of the Uniform City Court Act, maintain records of all criminal actions and proceedings in accordance with section 200.23 of this Part.

Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.

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Section 200.25 Procedure for Accepting Guilty Pleas by Mail in the New York City Criminal Court

(a) Establishment. The Administrative Judge of the New York City Criminal Court may establish a procedure for accepting guilty pleas by mail whereby a defendant charged in an information with a designated petty offense defined outside of the Penal Law may enter a plea of guilty to such petty offense, and be sentenced by the Court to pay a fine and any applicable surcharge on the resulting conviction, without making a personal appearance in the action. For purposes of this section, the term "petty offense" shall have the same meaning as in subdivision (39) of section 1..20 of the Criminal Procedure Law

(b) Applicability. The procedure established pursuant to subdivision (a) shall apply only where a defendant has been served with an appearance ticket in lieu of an arrest, returnable in the Summons Part of the New York City Criminal Court, for a petty offense defined outside of the Penal Law that has been specifically designated by the Administrative Judge of the New York City Criminal Court as appropriate for disposition under this section.

(c) Appearance Ticket; Form and Content.
(1) The appearance ticket shall be in a form prescribed by the Administrative Judge of the New York City Criminal Court, in consultation with appropriate criminal justice agencies, and shall be served upon the defendant by the issuing officer. The appearance ticket shall contain the nature of the charge, the range of applicable penalties if convicted of the charge, a procedure for pleading guilty by mail, and such other information as may be prescribed by the Administrative Judge.
(2) With respect to the procedure for the entry of a plea of guilty by mail, the appearance ticket shall contain the exact amount of the fine and surcharge to be imposed by the Court, and the manner in which and date by which such fine and surcharge must be paid. The appearance ticket also shall include a provision advising the defendant that, by entering a plea of guilty by mail to the charge, he or she:
(i) waives arraignment in open court, the right to receive a copy of the accusatory instrument and the right to the aid of counsel;
(ii) pleads guilty to the offense as charged;
(iii) understands that a plea of guilty to the charge is equivalent to a conviction after trial;
(iv) agrees that the charge be disposed of by payment of the fine and any applicable surcharge in accordance with the amounts designated in the appearance ticket; and
(v) understands that the Court may refuse to accept the plea of guilty, because of the defendant's prior criminal record or other special circumstance, in which case, if ultimately convicted, he or she may be sentenced to the full range of penalties set forth in the appearance ticket.

(d) Procedure. A defendant served with an appearance ticket pursuant to this section charging the defendant with a designated petty offense defined outside of the Penal Law may enter a plea of guilty by mail by indicating, in accordance with the instructions in the appearance ticket, that he or she pleads guilty to the charge, and by signing and mailing the completed ticket, by first class, registered or certified mail, to the Court at the address provided on the ticket, together with payment of the amount of the fine and surcharge set forth on the ticket for the offense charged. Provided an information has been filed charging such offense, the Court then may dispose of the case as though the defendant had been convicted upon a plea of guilty in open court, or, because of the defendant's prior criminal record or other special circumstance, may refuse to accept the plea of guilty. If the plea is so refused, the Court shall inform the defendant in writing that he or she is required to appear before the Court at a stated time and place to answer the charge, which shall thereafter be disposed of pursuant to the applicable provisions of law, and shall return to the defendant any fine or surcharge payment that may have accompanied the defendant's proffered plea of guilty. Where an information charging a designated petty offense is dismissed by the court, any plea of guilty to such offense entered pursuant to this section shall be refused, and the court shall inform the defendant of the fact of the dismissal and shall return to the defendant any fine or surcharge payment that may have accompanied the defendant's proffered plea of guilty. A plea of guilty to a designated petty offense that is refused pursuant to this section shall be deemed a nullity.

Added 200.25 on March 22, 2005.
Revised 200.25 on August 1, 2005.

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Section 200.26 Issuance of certain securing orders in town and village courts; duties of the court, assignment of and notification to counsel; notification to pretrial services agency

(a) Where, following an arrest, a defendant is brought, pursuant to CPL § 120,90, 140,20 or 14CL27, before a town or village court for arraignment on an accusatory instrument filed with such court, counsel for the defendant shall be given an opportunity to be heard before the court issues a securing order fixing bail or committing the defendant to the custody of the sheriff.

(b) If the defendant appears at such time without counsel, the court shall:
(i) permit the defendant to communicate free of charge by telephone for the purposes of obtaining counsel and informing a relative or friend that he or she has been charged with an offense.
(ii) prior to issuing a securing order fixing bail or committing the defendant to the custody of the sheriff, make an initial determination as to the defendant's eligibility for assigned counsel, provided, however, that this paragraph, as well as subdivisions (c) and (d) of this section, shall not apply where the court determines that the defendant has sufficient funds available to him or her to immediately post bail with the court in the amount and form to be fixed by the court, and such bail is so posted with the court.

(c) Where it appears, pursuant to paragraph (ii) of subdivision (b) of this section, that the defendant is financially unable to obtain counsel, the court shall, prior to issuing a securing order fixing bail or committing the defendant to the custody of the sheriff, assign counsel. Such assignment shall be in accordance with the plan for representation adopted by the county pursuant to County Law § 722, and shall, in accordance with such plan:
(i) direct the administrator of the assigned counsel program to, without delay, select and assign to the defendant, subject to the court's approval, an appropriate attorney from the administrator's list of eligible attorneys:
(ii) direct the local public defender office or legal aid society to represent the defendant; or
(iii) designate a named attorney to represent the defendant. Where assigned counsel is not present in court at the time of the assignment, the court may issue such securing order in the absence of counsel, and in such case shall provide the defendant, in writing, with the name, business address and telephone number of such assigned counsel, or of the administrator of the assigned counsel program or director of the local public defender office or legal aid society, as appropriate. Upon issuing such securing order in the absence of counsel, or, if not practicable, within 24 hours thereafter, but no later than 48 hours thereafter if extraordinary circumstances so require, the court shall notify such counsel, administrator or director, as well as the director of the local pretrial services agency or head of the pretrial services unit of the county probation department, if any, by telephone, and in writing or by written fax, of the court's assignment, and shall include in such notification the defendant's name, the names of any codefendants, the charge or charges contained in the accusatory instrument, the docket or case number, if available, the adjourn date and time, the terms of the securing order and such other information as the court deems appropriate. The court shall include with such written or faxed notification to such counsel, administrator of the assigned counsel program or director of the local public defender office or legal aid society a copy of the accusatory instrument.

(d) Where it appears, pursuant to paragraph (ii) of subdivision (b) of this section, that the defendant is financially able to retain counsel, the court shall inquire whether the defendant intends to retain counsel, and whether there is a particular attorney the defendant intends to retain. If the defendant identifies a particular attorney he or she intends to retain, the court shall, where such information is readily available, provide the defendant, in writing, with the telephone number of such attorney. Where the defendant does not identify a particular attorney, or where the attorney so identified is not present in court at the time the court intends to issue the securing order fixing bail or committing the defendant to the custody of the sheriff, the court may issue such securing order in the absence of counsel. Upon issuing such securing order in the absence of counsel, or, if not practicable, within 24 hours thereafter, but no later than 48 hours thereafter if extraordinary circumstances so require, the court shall notify the director of the local pretrial services agency or head of the pretrial services unit of the county probation department, if any, and the administrator of the assigned counsel program or director of the local public defender office or legal aid society, as appropriate, by telephone, and in writing or by written fax, of the defendant's appearance before the court and of the court's preliminary determination that the defendant appears to be financially able to retain counsel.

Such notification shall also include the defendant's name, the names of any codefendants, the charge or charges contained in the accusatory instrument, the docket or case number, if available, the adjourn date and time, the terms of the securing order and such other information as the court deems appropriate. The court shall include with such written or faxed notification to the administrator of the assigned counsel program or director of the local public defender office or legal aid society a copy of the accusatory instrument.

(e) Each town and village court shall obtain from the administrator of the assigned counsel program, public defender, legal aid society or other provider of indigent criminal defense legal services in that jurisdiction, and from the director of the local pretrial services agency or head of the pretrial services unit of the county probation department, if any, the names, addresses, telephone numbers and fax numbers required to effectuate the notification provisions of subdivisions (c) and (d) of this section.

(f) Nothing contained in this section shall be deemed to preclude the court from:
(i) terminating an assignment of counsel made pursuant to subdivision (c) of this section in accordance with the provisions of County J-aw_§_7_22-d; or
(ii) issuing a securing order releasing the defendant on his or her own recognizance in accordance with CPL§ 170.70, 180.80 or any other relevant provision of the Criminal Procedure Law; or
(iii) issuing a securing order releasing the defendant on bail or on his or her own recognizance in accordance with CPL § 30,3QC2}; or
(iv) entertaining an application for recognizance or bail made pursuant to CPL § 510.20.

(g) Nothing contained in this section shall be deemed to relieve the court of any obligation imposed pursuant to CPL §§ 170.10 and 180,10.

(h) Each town and village court shall maintain a record in the case file of any communications and correspondence initiated or received by the court pursuant to this section, and shall make such records available to the defendant's counsel and the prosecutor upon request.

(i) The Office of Court Administration shall prepare and distribute to each town and village court such forms as may be necessary to implement the notification provisions of this section.

Added 200.26 on August 1, 2005.

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Section 200.27 to 200.29 [Reserved]

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Section 200.30 Applicability of sections 200.30-200.33.

The rules of these sections shall govern procedures in appeals to county courts in criminal actions.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.31 Judges who may stay judgment pending appeal to county court.

Upon an appeal to county court from a judgment of sentence of a local criminal court, an order pursuant to CPL 460.50, staying or suspending execution of the judgment pending termination of the appeal and either releasing defendant on his own recognizance or fixing bail, may be issued by a judge of the county court to which the appeal has been taken or a justice of the supreme court in the judicial district in which the local court is located. In the case of any appeal as of right from a judgment or sentence of a city court, such order also may be issued by a judge of such city court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.32 Duration of order staying or suspending execution of judgment.

(a) An order issued pursuant to CPL 460.50 shall contain a statement that, if an appeal has not been perfected within 120 days after the issuance of the order, the operation of such order terminates and the defendant must surrender himself to the criminal court in which the judgment was entered in order that execution of the judgment be commenced or resumed.

(b) No extension of the 120-day period specified in CPL 460.50 shall be granted except by the county court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.33 Perfection of criminal appeals.

(a) When a notice of appeal is filed with a local court, a copy shall be filed with the county clerk by the person filing with the local court. After an appeal has been taken pursuant to CPL 460.10(2), and within 10 days after two transcripts of the stenographic minutes of the proceedings shall have been filed with the local criminal court pursuant to CPL 460.70(1), the local criminal court shall file with the clerk of the county court the notice of appeal, a transcript of the proceedings, a copy of the accusatory instrument and any decision on pretrial motions, and shall notify the appellant and the respondent. If the local criminal court does not file the notice of appeal and transcript within the prescribed period, or if the transcript is defective, the county court, upon application of appellant or respondent, shall order the local criminal court to file them or shall order the parties to settle the transcript before the local court in the manner prescribed by CPLR 5525(c) within a designated time which the county court deems reasonable.

(b) Within 20 days after the affidavit of errors and the return of the lower court have been filed with the county court, where an appeal has been taken pursuant to CPL 460.10(3), or within 20 days after the notice of appeal and transcript have been filed with the county court, where an appeal has been taken pursuant to CPL 460.10(2), appellant shall notice the appeal for the next term or special term of county court by filing with the judge of the county court, not less than 14 days prior to the date for which the appeal has been notice, a brief and notice of argument with proof of service of a copy of each upon respondent. If the defendant is the appellant and the district attorney did not appear in the local criminal court, defendant shall also file proof of service of a copy of the brief and notice of argument upon the district attorney. Respondent's brief, or the district attorney's brief, if any, shall be filed with the judge of the county court within 12 days after service of appellant's brief, with proof of service of a copy upon appellant.

(c) If appellant does not comply herewith, the county court may, upon respondent's motion, or upon its own motion, dismiss the appeal.

(d) Upon motion, the county court judge hearing the appeal may, for good cause shown, extend the time to a subsequent term or special term, in which case the appellant must notice the appeal for such subsequent term. Unless otherwise ordered by the court, appeals may be submitted without oral argument. Motions for reargument may be made after decision is rendered, and must be made within 30 days after service upon the moving party of a copy of the order entered on the decision, with written notice of the entry.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 200.34 to 200.39 [Reserved]

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Section 200.40 Obligation of the court to advise of right to counsel on people's appeal.

(a) When a criminal court issues an order suppressing evidence, dismissing an accusatory instrument, setting aside a verdict or sentence, vacating a judgment or denying a motion made pursuant to CPL section 440.40, where such order may be appealed as of right by the people pursuant to CPL section 450.20, the court promptly shall advise the defendant, on the record or in writing:

(1) that the people have the right to take an appeal;

(2) that the defendant has the right to retain counsel to represent him or her on the appeal or to respond to the appeal pro se;

(3) if the defendant can show no financial ability to pay for the cost of counsel on appeal, the defendant may make application to the appellate court for assignment of counsel to respond to the appeal; and

(4) that the defendant must provide the court and the defendant's trial counsel with an address where he or she can be contacted should the people appeal the order of the criminal court.

(b) In addition to the circumstances set forth in subdivision (a) of this section, where a court imposes a sentence, and where the people have indicated to the sentencing court their belief that the sentence is invalid as a matter of law and may be appealed by them on that ground, the court, upon imposing the sentence, shall advise the defendant of the rights enumerated in subdivision (a) of this section.

Historical Note
Sec. filed Oct. 13, 1999 eff. Dec. 1, 1999.