Does assigned counsel have to advise a defendant of their right to appeal?
"New York", United States of America
The following excerpt is from People v. Lynn, 269 N.E.2d 794, 28 N.Y.2d 196, 321 N.Y.S.2d 74 (N.Y. 1971):
In each case, the question posed is whether upon a plea of guilty assigned counsel must, pursuant to the rule enunciated in [28 N.Y.2d 199] People v. Montgomery, 24 N.Y.2d 130, 299 N.Y.S.2d 156, 247 N.E.2d 130, advise defendant of his right to appeal.
PEOPLE v. LYNN
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of counsel not advising a defendant that he had a right to testify even if counsel recommended against it? (MultiRegion, United States of America)
Does a waiver of a right to appeal in a criminal plea agreement prevent a defendant from appealing his sentence? (MultiRegion, United States of America)
Does a defendant who dismisses his counsel on the eve of trial have been deprived of his right to retain counsel of his choice? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
Does a defendant have a right to appeal when counsel does not file an opening brief? (MultiRegion, United States of America)
Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se? (MultiRegion, United States of America)
Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant? (MultiRegion, United States of America)
Does a defendant have the right to defend herself in a civil proceeding without the assistance of counsel? (MultiRegion, United States of America)
When an appellant fails to argue specifically and distinctly that issue in his opening brief on appeal, does he waive his right to appeal on appeal? (MultiRegion, United States of America)
