Ineffective Assistance of Counsel on Appeal
The Committees on Criminal Courts and Criminal Justice Operations issued a joint report proposing legislation which would provide a remedy in New York for claims of ineffective assistance of counsel that relate to appellate representation. Currently there is no statutory mechanism for such claims, forcing litigants to continue to rely on the common-law writ. The proposed legislation would add a new section 450.65 to the Criminal Procedure Law that would: 1) codify appeal-related claims of ineffective assistance of counsel without restricting the availability of the flexible writ of coram nobis in other areas of the law; 2) encompass all the areas in which the writ has been recognized as providing relief for claims of ineffective assistance that relate to appeals and the appeal process; 3) treat appeal-related claims of ineffective assistance of counsel in a manner fundamentally similar to that for trial-related ineffective assistance claims; 4) provide an avenue for the resolution of appeal-related ineffective assistance claims that is simple, familiar, and non-discriminatory; and 5) provide a specific mechanism for factual investigation and fact finding that recognizes both defense attorneys' ethical responsibilities and the natural limitations of appellate courts.