Current through Register Vol. 46, No. 12, March 20, 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).