What are my duties if the Court’s decision-order is favorable to my client in a criminal case?
If the decision-order is favorable to defendant, you must send a certified copy of this Court’s decision-order to: State of New York Department of Correctional Services Attn: Richard deSimone, Esq., Associate Counsel 1220 Washington Avenue Albany, New York 12226 and Division of Criminal Justice Services 4 Tower Place, 5th Floor Albany, New York 12203 to enable those agencies, when necessary, to update their records. If the indictment is dismissed, counsel must prepare an order upon remittitur for the trial court (see CPL § 470.45) and move to seal defendant’s records (see CPL § 160.50). If a new trial is ordered or if the case has been held and the matter remitted for further proceedings, counsel must contact the Supreme or County Clerk’s Office to have the case placed on the calendar.
