New York statute
N.Y. Criminal Procedure Law § 380.55 — Application for waiver of costs, fees, and expenses on appeal
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 380: Sentencing In General, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 380.55
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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