§ 717. Public defender; duties.

255 words·~1 min read·/ny/county/public-defender/717

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§ 717. Public defender; duties. 1. The public defender shall

represent, without charge, at the request of the defendant, or by order

of the court with the consent of the defendant, each indigent defendant

who is charged with a crime as defined in section seven hundred

twenty-two-a of the county law in the county or counties in which such

public defender serves. When representing an indigent defendant, the

public defender shall counsel and represent him at every stage of the

proceedings following arrest, shall initiate such proceedings as in his

judgment are necessary to protect the rights of the accused, and may, in

his discretion, prosecute any appeal, if in his judgment the facts and

circumstances warrant such appeal.

2. The public defender shall also represent, without charge, in a

proceeding in family court or surrogate's court in the county or

counties where such public defender serves, any person entitled to

counsel pursuant to section two hundred sixty-two and section eleven

hundred twenty of the family court act and section four hundred seven of

the surrogate's court procedure act, or any person entitled to counsel

pursuant to article six-C of the correction law, who is financially

unable to obtain counsel. When representing such person, the public

defender shall counsel and represent him at every stage of the

proceedings, shall initiate such proceedings as in the judgment of the

public defender are necessary to protect the rights of such person, and

may prosecute any appeal when, in his judgment the facts and

circumstances warrant such appeal.