{"jurisdiction": "us-ny", "code": "nycrr", "section": "200.40", "citation": "Uniform Rules § 200.40", "heading": "Obligation of the court to advise of right to counsel on people's appeal", "text": ["(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."], "official_source": "https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction", "from_official_api": false, "plain_english": "- **(a)** When a criminal court issues an order the **People may appeal as of right** under CPL 450.20 (suppressing evidence, dismissing an accusatory instrument, setting aside a verdict/sentence, vacating a judgment, or denying a CPL 440.40 motion), the court must **promptly advise the defendant** (on the record or in writing): **(1)** the People may appeal; **(2)** the defendant may **retain counsel or respond pro se**; **(3)** if unable to pay, the defendant may apply to the appellate court for **assigned counsel**; and **(4)** the defendant must give the court and trial counsel a **contact address.** ★\n- **(b)** The same advice must be given at sentencing where the People have indicated they believe the **sentence is invalid as a matter of law** and appealable on that ground.\n\n---\n\n**★ Exam hits:**\n- **Term of court = 4 weeks; 13 terms per year** (§ 200.2). Paper format: **one side, double-spaced, 1-inch margins** (§ 200.3).\n- **Notice of appearance:** file by first appearance or **within 10 days** of appointment/retainer, whichever is sooner (§ 200.5). **Clerks may administer oaths** and sign process under seal (§ 200.7).\n- Superior-court cases are assigned **by the clerk via random selection** (§ 200.11). The **Brady/Giglio/Geaslen** disclosure order issues on the **first post-arraignment date with both counsel present** (§§ 200.16, 200.27).\n- Town/village courts must keep **case files, a case index (unique number per case), and a cashbook**; unique case number per defendant except parking (§ 200.23). **Guilty-plea-by-mail** in NYC is for **designated petty offenses defined outside the Penal Law** only (§ 200.25).\n- At town/village arraignment, **counsel must be heard before bail/commitment**; notify counsel/agencies **on issuing the order, within 24 hours if impracticable, no later than 48 hours** in extraordinary circumstances (§ 200.26).\n- Appeals to County Court: CPL 460.50 stay dies if the appeal isn't **perfected within 120 days**; **only County Court** can extend (§ 200.32). Timeline: local court files record **within 10 days** of transcripts; appellant notices appeal **within 20 days** and files brief **at least 14 days** before argument; respondent's brief **within 12 days**; reargument **within 30 days** (§ 200.33).\n\n\n---\n*Verbatim statute:* [[Uniform Rules - Part 200]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/200.40", "publisher": "Elyphived LLC"}