The New York Poor Person/Assignment of Counsel Form — Habeas Corpus Order is a form used in the New York State court system to appoint counsel to indigent defendants in habeas corpus proceedings. This form is used by the court to grant the right to counsel to a defendant who is unable to afford to hire an attorney. The form is used to assign an attorney to represent the defendant in a habeas corpus petition at no cost to the defendant. There are two types of New York Poor Person/Assignment of Counsel Form — Habeas Corpus Order, namely, Order to Assign Counsel and Order to Appoint Counsel. The Order to Assign Counsel is used by the court to appoint an attorney who is familiar with the defendant’s case and the applicable laws. The Order to Appoint Counsel is used by the court to appoint an attorney who is qualified in habeas corpus proceedings. The form requires the petitioner to provide information about the petitioner's financial situation and the details of the habeas corpus petition.
New York Poor Person/Assignment of Counsel Form - Habeas Corpus Order
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FAQ
Grounds for a writ of habeas corpus in New York exist when a person is unlawfully imprisoned or detained. A writ of habeas corpus is a limited remedy in New York compared to other states and the federal statute authorizing the writ. Most challenges to a conviction are accomplished by appeal or a CPL 440 action.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
You usually have to file your Article 78 proceeding in the New York State Supreme Court. Each county has its own Supreme Court. The Supreme Court is usually located at the County Courthouse. There is a ?Court Locator? link at nycourts.gov with contact information.
(A) Except as provided in (B), a Court of Appeal decision denying a petition for writ of habeas corpus without issuance of an order to show cause is final in the Court of Appeal upon filing.