N.Y. Criminal Procedure Law § 380.55: Application for waiver of costs, fees, and expenses on appeal

§ 380.55 Application for waiver of costs, fees, and expenses on appeal.

1. Where counsel has been assigned to represent a defendant in a

criminal action on the ground that the defendant is financially unable

to retain counsel, the court may in its discretion at the time of

sentencing entertain an application to grant the defendant waiver of

costs, fees, and expenses on appeal. As part of an application for such

relief, assigned counsel must represent that the defendant continues to

be eligible for assignment of counsel and that granting the application

will expedite the appeal. If the court grants the application, it shall

file a written order and shall provide a copy of the order to the

appropriate appellate court. The denial of an application shall not

preclude the defendant from making a de novo application for waiver of

costs, fees, and expenses to the appropriate appellate court.

2. Where counsel has been assigned to represent a defendant in a

criminal action on the ground that the defendant is financially unable

to retain counsel, the appellate court shall presume the defendant

eligible for assignment of counsel on appeal without further proof of

eligibility, and, thereby, issue an order assigning such counsel, if

counsel provides a sworn representation that the defendant continues to

be eligible for assignment of counsel.