Current through Register Vol. 46, No. 39, September 25, 2024
(a) Letter application. In addition to the
submission in digital format required by subsection
500.20(e) of this
Part, applications to the Chief Judge for leave to appeal in a criminal case (C
PL 460.20) shall be by letter addressed to 20 Eagle Street, Albany, New York
12207, and shall be sent to the attention of the Clerk of the Court, with proof
of service of one copy on the adverse party. The letter shall indicate:
(1) the names of all codefendants in the
trial court, if any, and the status of their appeals, if known;
(2) that no application for the same relief
has been addressed to a justice of the Appellate Division, as only one
application is available;
(3)
whether an oral hearing on the application, in person or by telephone
conference call, is requested; and
(4) the grounds upon which leave to appeal is
sought. Particular written attention shall be given to reviewability and
preservation of error, identifying and reproducing the particular portions of
the record where the questions sought to be reviewed are raised and
preserved.
(b) Material
to be provided with application.
(1) Orders of
intermediate appellate courts determining appeals to those courts. An
application for leave to appeal from an intermediate appellate court order
determining an appeal taken to that court shall include:
(i) each brief submitted on defendant's
behalf and the People's behalf to the intermediate appellate court in digital
format only, unless a request to be relieved of the digital filing requirements
is submitted pursuant to subsection
500.2(e) of this
Part. If a request to be relieved of the digital filing requirements is
submitted pursuant to subsection
500.2(e) of this
Part, the application shall include one unbound copy of each brief submitted on
defendant's and the People's behalf to the intermediate appellate
court;
(ii) the order and decision
of the intermediate appellate court sought to be appealed from;
(iii) all relevant opinions or memoranda of
the courts below, along with any other papers to be relied on in furtherance of
the application; and
(iv) if
defendant is a corporation or other business entity, a disclosure statement
pursuant to subsection
500.1(f) of this
Part.
(2) Orders of
intermediate appellate courts determining applications for writs of error coram
nobis. An application for leave to appeal from an intermediate appellate court
order determining an application for coram nobis relief shall include:
(i) the order and decision sought to be
appealed from;
(ii) the papers in
support of and opposing the application filed in the intermediate appellate
court, as well as the briefs filed on the underlying appeal, if available, in
digital format only, unless a request to be relieved of the digital filing
requirements is submitted pursuant to subsection
500.2(e) of this
Part. If a request to be relieved of the digital filing requirements is
submitted pursuant to subsection
500.2(e) of this
Part, the application shall include one unbound copy of the papers in support
of and opposing the application filed in the intermediate appellate court, as
well as the briefs filed on the underlying appeal, if available; and
(iii) the intermediate appellate court
decision and order sought to be vacated.
(c) Assignment. The Chief Judge directs the
assignment of each application to a Judge of the Court through the Clerk of the
Court; counsel shall not apply directly to a Judge or request that an
application be assigned to a particular Judge. The assigned Judge shall advise
the parties if an oral hearing on the application will be
entertained.
(d) Additional and
Responding Submissions. After the application is assigned to a Judge for
review, the applicant will be given an opportunity to serve and file additional
submissions, if any, and the adverse party will be given an opportunity to
respond. A reply is not permitted unless authorized by the assigned Judge. In
addition to the submission in digital format required by subsection
500.20(e) of this
Part, hard copy additional and responding submissions shall be addressed to 20
Eagle Street, Albany, New York 12207, and shall be sent to the attention of the
assigned Judge, with proof of service of one copy on the adverse
party.
(e) Companion submission in
digital format.
(1) Unless a request to be
relieved of the digital filing requirement is submitted pursuant to subsection
500.2(e) of this
Part, the following materials are required to be submitted in digital format:
(i) subsection
500.20(a) letter
application and subsection
500.20(b)
material to be provided with the application;
(ii) subsection
500.20(d)
additional and responding submissions; and
(iii) subsection
500.20(f)
reargument or reconsideration requests.
(2) All material submitted under this section
shall comply with the technical specifications and instructions for submission
available from the Clerk's Office, be submitted within the time directed by the
Clerk of the Court and be identical to the filed original printed materials
except they need not contain original signatures.
(f) Reargument or reconsideration.
(1) In addition to the submission in digital
format required by subsection
500.20(e) of this
Part, requests for reargument or reconsideration shall be in letter form
addressed to the Clerk of the Court, with proof of service on the adverse
party, and shall be assigned to the Judge who ruled on the original
application. Copies of the papers filed on the underlying leave application
need not be filed. A request for reargument or reconsideration shall not be
based on the assertion for the first time of new points, except for
extraordinary and compelling reasons.
(2) Unless otherwise permitted by the
assigned Judge, the reargument or reconsideration request shall be served not
later than 30 days after the date of the certificate determining the
application of which reargument or reconsideration is sought. Only one request
for reargument or reconsideration per party of a specific criminal leave
application is permitted.
(g) Counsel. This Court does not assign
counsel for criminal leave applications. One set of motion papers addressed to
this Court under section
500.21 of this Part for assignment
of counsel on a criminal appeal may be filed, with proof of service of one copy
on the adverse party, only after leave to appeal is granted.
(h) Stay requests. Whether prominently set
forth at the beginning of a letter application for leave to appeal or made by
separate letter with proof of service of one copy on the adverse party, an
applicant seeking a stay (C PL 460.60; 530.50) should contact the Clerk's
Office in advance of the filing and file the stay request as directed by the
Clerk's Office. A stay request shall state:
(1) whether the relief sought has been
previously requested;
(2) whether
defendant is presently incarcerated and the incarceration status, if known, of
any codefendants; and,
(3) if the
defendant is at liberty:
(i) whether a
surrender date has been set; and
(ii) the conditions of release (e.g., on
defendant's own recognizance or on a set bail
amount).
(i)
Applications for extensions of time to seek leave to appeal. An application for
an extension of time to seek leave to appeal (C PL 460.30) shall be by one set
of motion papers in compliance with section
500.21 of this Part, with proof of
service of one copy on the adverse party. The motion shall be accompanied by a
copy of the order sought to be appealed. If the motion for an extension of time
is granted and the motion is treated as a timely criminal leave application,
the parties must comply with the submission in digital format requirements of
subsection
500.20(e).
