APPEALS HANDLED BY THE ASSIGNED COUNSEL PROGRAM
The Assigned Counsel Program provides legal representation in certain types of appeals. These include criminal appeals to County Court from a conviction or sentence imposed by a local court (city, town or village court) in Erie County, as well as both criminal and Family Court appeals to the Appellate Division, Fourth Department. Program attorneys are only assigned to Appellate Division cases, however, when a conflict of interest prevents The Legal Aid Bureau of Buffalo, Inc. from doing so.
The Program can also provide representation in administrative appeals of parole release denials and adverse decisions by an Administrative Law Judge at final parole revocation hearings. Representation cannot be provided through the Program in Article 78 proceedings, which would be the appropriate legal vehicle by which to challenge a denial of the administrative appeal.
In order for an attorney to be assigned on a criminal or Family Court appeal, the trial level attorney or the client must first successfully make a motion for permission to appeal as a poor person, and for assignment of counsel.