Amendment to County Law § 722 authorizing compensation to assigned counsel for investigating and filing appropriate post-conviction motions under Criminal Procedure Law Article 440

SUMMARY

Under current law, assigned appellate lawyers in New York are not statutorily entitled to compensation for investigating meritorious post-conviction motions and for drafting and filing papers in support of such motions. The practical result of this funding restriction is that many potentially meritorious motions under Article 440 of the Criminal Procedure Law are not pursued. In a report to the New York State Legislature, the Criminal Justice Operations Committee proposes amendments to County Law Section 722, which will authorize compensation to assigned counsel in these situations.

OUTCOME

Introduced as A.748/S.3672 (NYS 2019) – Signed by the Governor, Chp. 446, November 8, 2019