New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 760. Duties of counsel. 1. If the court has entered a dispositional
order pursuant to section seven hundred fifty-four, it shall be the duty
of the respondent's counsel to promptly advise such respondent and if
his or her parent or other person responsible for his or her care is not
the petitioner, such parent or other person responsible for his or her
care, in writing of the right to appeal to the appropriate appellate
division of the supreme court, the time limitations involved, the manner
of instituting an appeal and obtaining a transcript of the testimony and
the right to apply for leave to appeal as a poor person if he or she is
unable to pay the cost of an appeal. It shall be the further duty of
such counsel to explain to the respondent and if his or her parent or
other person responsible for his or her care is not the petitioner, such
parent or person responsible for his or her care, the procedures for
instituting an appeal, the possible reasons upon which an appeal may be
based and the nature and possible consequences of the appellate process.
2. It shall also be the duty of such counsel to ascertain whether the
respondent wishes to appeal and, if so, to serve and file the necessary
notice of appeal.
3. If the respondent has been permitted to waive the appointment of
counsel pursuant to section two hundred forty-nine-a, it shall be the
duty of the court to provide the notice and explanation pursuant to
subdivision one and, if the respondent indicates that he or she wishes
to appeal, the clerk of the court shall file and serve the notice of
appeal.
