N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Sentence / ARTICLE Sentencing In General
New York Consolidated Laws

N.Y. Criminal Procedure Law § 380.55 (2026)

Application for waiver of costs, fees, and expenses on appeal

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 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.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2025 · leading case: People v. Moore, 191 A.D.3d 901 (N.Y. App. Div. 2d Dep't 2021).
Sort: Relevance Newest Treatment
People v. Moore, 191 A.D.3d 901 (N.Y. App. Div. 2d Dep't 2021). “By order dated December 18, 2019, the Supreme Court, Nassau County, granted an application pursuant to Criminal Procedure Law § 380.55 for poor person relief.”
Matter of Tripodi v. New York State Dept. of Corr. & Cmty. Supervision, 2025 NY Slip Op 25057 (2025). “Petitioner releasee filed an affidavit of continued eligibility for poor person relief and assignment of counsel on appeal application pursuant to Criminal Procedure Law § 380.55 seeking to appeal from an Executive Law 4-a appeal decision rendered in Rochester City Court (Dixon,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.